Terms And Conditions
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Mobile Application, hereinafter referred to as the ‘App” operated by Healthathon Tech Private Limited (HTPL). HTPL is the author and the publisher of the App. HTPL owns and operates the services provided through this App. The user’s access to and use of the Service is conditioned on the user’s acceptance of and compliance with these Terms and Conditions (Terms). These Terms apply to all visitors, users and others who access or use the Service.
IT IS OF UTMOST IMPORTANCE TO CLARIFY THAT ALL INFORMATION PROVIDED IN THE APP RELATED TO HEALTH SERVICE IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, HTPL IS NOT A SUBSTITUTE FOR PROFESSIONAL HELP OR TREATMENT TO BE PROVIDED BY SUCH PROFESSIONALS, INCLUDING, BUT NOT LIMITED TO, HEALTH PROFESSIONALS, NUTRITIONISTS, FITNESS EXPERTS AND MENTAL HEALTH PROFESSIONALS, DE ADDICTION AND LIFESTYLE CHANGE COUNSELLORS; AND RELIANCE ON ANY INFORMATION PROVIDED BY THE APP HEALTH SERVICE IS SOLELY AT YOUR OWN RISK.
By accessing or using the Service the user agrees to be bound by these Terms. If the user disagrees with any part of the terms then the user may not access the App and Service.
NATURE AND APPLICABILITY OF TERMS
In this Agreement, unless the context clearly indicates a contrary intention:
Headings in this Agreement are inserted for convenience only and shall not be used in its interpretation;
- A reference to a law includes a reference to any constitutional provision, subordinate legislation, treaty, decree, convention, statute, regulation, rule, ordinance, proclamation, by-law, judgment, rule of common law or equity; and is a reference to that law as amended, consolidated, supplemented or replaced;
- A word or an expression, which denotes a natural person, shall include an artificial person (and vice versa), any one gender shall include the other genders, the singular shall include the plural (and vice versa).
- The use of the word “including” followed by a specific example(s) in this Agreement, shall not be construed as limiting the meaning of the general wording preceding it.
- Reference to a “person” includes (as the context requires) an individual, proprietorship, partnership firm, company, body of corporate, co-operative society, entity, authority or anybody, association or organization of individuals or persons whether incorporated or not.
The Agreement applies to the user whether the user is –
- A diagnostic center (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the App, including designated and/or authorized person of such Diagnostic Centers or institutions ((including any legal heirs, administrators or successors etc.) (“Center(s)”, “the user” or “User”); or
- A natural or legal person (including any legal heirs, administrators or successors etc.) who has agreed to become a User of the App by accessing or browsing the App or otherwise, and/or has registered as a member of the App by submitting identification information/ registration details. (“the user” or “User”).
- A patient, his/her representatives or affiliates, searching for Diagnostic Centers through the App (“End-User”, “the user” or “User”); or
This Agreement applies to those services made available by HTPL on the App, which are offered free of charge to the Users (“Services”) at present and shall be chargeable at a rate to be decided by HTPL at its sole discretion after due notification , including, the following:
- For Diagnostic Centers: Listing of various diagnostic centers and their profiles and contact details, to be made available to the other Users and visitors on the App;
- For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Diagnostic Centers by name, specialty, and geographical area, or any other criteria that may be developed and made available by HTPL, and (iii) to make appointments with Diagnostic Centers.
- All other services not covered above, including, but not limited to, health assessment, and scores, task recommendations across Nutrition, Physical Fitness, Mental Health and Other Lifestyle, Tests Recommendations, Health Articles, Social element – Groups, Challenges , Chats, Gamification – Points, Badges, Ranking . Health Records – Diagnostic records, health scores, health tracking data, Diagnostic tests purchase etc.
The Services may change from time to time, at the sole discretion of HTPL, and the Agreement will apply to the user’s visit to and the user’s use of the App to avail the Service, as well as to all information provided by the user on the App at any given point in time.
For the purpose of the present Terms and Conditions ‘Health professionals’ or ‘Service Provider’ includes Medical professionals, Nutritionists, Fitness professionals, Mental Health professionals, Diagnostic centers, Genome based testing companies etc. Further, the term ‘Diagnostic Centre’, as and where used in the terms and conditions, shall also deem to include Health Professional or service provider covered in it.
This Agreement stipulates the terms and conditions pursuant to which user will be allowed to use the App and also describes the manner in which the user’s account, if the user so register on the App, shall be treated by HTPL. If the user has any questions about any part of the Agreement, he may contact HTPL at firstname.lastname@example.org. By downloading or accessing the App to use the Services, the user irrevocably accepts all the conditions stipulated in this Agreement, and agree to abide by them. HTPL hereby reserves the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to the user in writing, either on the App itself or through separate text message and e-mail at the mobile number and email id provided on the App. The user’s use of the App following any such modification constitutes the user’s agreement to follow and be bound by the Agreement so modified.
By accessing or using the Service the user agrees to be bound by these Terms . If the user disagrees with any part of the terms then the user may not access the Services on the APP.
The Agreement is published and entered into in compliance with, and is governed by the provisions of Indian laws, including, but not limited to,
- the Indian Contract Act, 1872,
- the (Indian) Information Technology Act, 2000, and
- the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
- Consumer Protection Act, 1986
The App may only be used or accessed by such Persons who can enter into and perform legally binding contracts under Indian Contract Act, 1872. By registering, visiting and using the App or accepting this Agreement, the user represents and warrants to HTPL that the user is 18 years of age or older, and that the user has the right, authority and capacity to use the App and the Services available through the App, and agree to and abide by this Agreement.
The use of this App is for informational and educational purposes only and is not for professional medical advice. No prescriptions will be given on the Service. The user agrees and understands that using the service provided in this App cannot be substituted for personal medical attention, diagnosis or in person treatment by a health professional.
The App and any recommendation/ advice is intended for use only by the healthy individual capable enough to perform exercises. While the App customizes and considers several factors specific to each individual, including anthropometric data, fitness goals, and lifestyle factors etc., HTPL is not a medical organization, and the recommended workout such as plans, diets, lifestyle changes, mental health counseling, tests recommendation, health articles, exercises should not be misconstrued as medical advice, prescriptions, or diagnoses. Consider the risks involved and consult with your health professional before engaging in any physical activity or making any other lifestyle changes or following any recommendations such as nutrition, lifestyle, mental health, de addiction etc.. HTPL is not responsible or liable for any injuries or damages you may sustain that result from the use of, or inability to use, the features of the App. The user should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. If your age is more than 35 years, or if you have not been physically active for more than 1 year, or if you have any medical history that may put you at risk, including, without limitation, the conditions as may be defined by HTPL from time to time, the user would be advised to seek approval from a qualified medical practitioner prior to using the App. We reserve the right to deny you access to the App, for any reason or for no reason, including if we determine, in our sole discretion, that you have certain medical conditions and/or complications.
In Case of Emergencies: Never use the service of this App in a potential or actual medical emergency.
- The type of information collected from Users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information;
- How and to whom HTPL will disclose such information; and,
- Other information mandated by the SPI Rules.
HTPL specifically disclaims all liability arising out of the use or reliance on the contents of the App. The user also give permission to the HTPL to store details and records of the user’s usage of the App indefinitely. However, this does not constitute any obligation on the part of the HTPL or the App to do so. The HTPL may charge a fee or charges, as intimated from time to time on the App and/or by email or SMS, for registration on the the App as Registered Users, for availing services provided by the HTPL through the the App. The HTPL reserves the right to introduce new services including any premium or paid services or modify or discontinue any existing services provided on the App. Additionally, HTPL at its sole discretion may introduce fees for the new services including for any premium services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the Terms or any of the Policies of the HTPL shall be published on the App and such changes shall automatically become effective immediately after they are published on the App. The User is requested to visit the App often to keep abreast of any amendments. HTPL neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted. HTPL has no control over third parties and contents generated by the User on the App and HTPL does not bear any liability whatsoever arising out of such content or actions of third parties. Any information provided by the user, either electronically or physically or submitted on the App or provided or displayed to other Users of the App in the form of case discussions, news and events, reviews, comments or is solely the User’s responsibility. HTPL is not liable for accuracy, appropriateness or legality of such information.
HTPL collects, directly or indirectly, and displays on the App, relevant information regarding the profile and practice of the Diagnostic Centers listed on the App, such as their specialization, qualification, fees, location, visiting hours, and similar details. HTPL cannot be held liable for any inaccuracies or incompleteness represented by the diagnostic centers. The Services provided by HTPL or any of its licensors or service providers are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). HTPL does not provide or make any representation, warranty or guarantee, express or implied about the Services. HTPL does not guarantee the accuracy or completeness of any content or information provided by Users on the App. To the fullest extent permitted by law, HTPL disclaims all liability arising out of the User’s use or reliance upon the App, the Services, representations and warranties made by other Users, the content or information provided by the Users on the App, or any opinion or suggestion given or expressed by HTPL or any User in relation to any User or services provided by such User. The App may be linked to the App of third parties, affiliates and business partners. HTPL has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Apps or made available by/through our App. Inclusion of any link on the App does not imply that HTPL endorses the linked site. User may use the links and these services at User’s own risk. HTPL assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of the App or the downloading of any material, data, text, images, video content, or audio content from the App. If a User is dissatisfied with the App, User’s sole remedy is to discontinue using the App. If HTPL determines that the user has provided fraudulent, inaccurate, or incomplete information, including through feedback, HTPL reserves the right to immediately suspend the user’s access to the App or to any of the user’s accounts with HTPL and makes such declaration on the App alongside the user’s name/the user clinic’s name as determined by HTPL for the protection of its business and in the interests of Users. The User shall be liable to indemnify HTPL for any losses incurred as a result of the User’s misrepresentation or fraudulent feedback that adversely affects HTPL and/or its Users.
BOOK APPOINTMENT AND CALL FACILITY
HTPL enables Users to connect with Diagnostic Centers through two methods: a) Book facility that allows Users to book an appointment through the App; b) Value added telephonic services which connect Users directly to the Diagnostic Center’s number provided on the App. Provided the same shall not be available in case of mapmygenome:
HTPL will ensure that the Users shall be provided confirmed appointment on the Book facility. However, HTPL has no liability if such an appointment is later on cancelled by the Diagnostic Center, or the Diagnostic Center is not available for appointment.
- The results of any search Users perform on the App for Diagnostic Centers should not be construed as an endorsement by HTPL of any such particular Diagnostic Center. If the User decides to engage with a Diagnostic Center to seek medical services, the User shall be doing so at his/her own risk.
- Without prejudice to the generality of the above, HTPL is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between the Users and the Diagnostic Center. User understands and agrees that HTPL will not be liable for:
- User interactions and associated issues User has with the Diagnostic Center;
- the ability or intent of the Diagnostic Center(s) or the lack of it, in fulfilling their obligations towards Users;
- any wrong medication, test results or quality of treatment being given by the Diagnostic Center(s), or any medical negligence on part of the Diagnostic Center(s);
- inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Diagnostic Center to provide agreed Services;
- any misconduct or inappropriate behaviour by the Diagnostic Center or the Diagnostic Center’s staff;
- cancellation or no show by the Diagnostic Center or rescheduling of booked appointment or in case of Mapmygenome and other sellers or non- delivery or any variation in the fees charged,.
- Users are allowed to provide feedback about their experiences with the Diagnostic Center, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, HTPL shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Diagnostic Center from the App.
- In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned Diagnostic Center’s clinic:
- User’s account will be temporarily disabled from booking further online appointments on HTPL.com for next four (4) months, in case of, three(3) Valid PNS, as per the Patient-No-Show Policy. However, the User can continue to call the clinic via the App to get an appointment.
- Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as any instance where a User, who booked an appointment on the App using the Book Appointment facility, has not turned up for the appointment without cancelling, rescheduling, or informing the Diagnostic Center in advance about the same. When Diagnostic Center informs HTPL of the incident or marks a particular appointment as P.N.S. within five (5) days of the scheduled appointment, an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 3.4.6(c), for not showing up, HTPL shall be entitled to take actions as under Clause 3.4.6 (a). However, Users understand that, actions such as the ones mentioned under Clause 3.4.6(a) are included as a deterrent to stop Users from misusing the App, and the loss of business hours incurred by the Diagnostic Center.
- Following instances, solely at the discretion of HTPL, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized
- User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
- In case User responds to the PNS Communication with below reasons:
- Forgot the appointment
- Chose to visit another Diagnostic Center/consulted online
- Busy with other work; or such other reasons (which HTPL at its discretion decides to be a valid reason to not show up).
- Where the User has booked a paid appointment and is unable to visit the Diagnostic Center, due to such genuine reasons of sickness etc. at the sole discretion of HTPL, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, the user would not be entitled to complete refund.
Cancellation and Refund Policy
- In the event that, the Diagnostic Center with whom User has booked a paid appointment via the App, has not been able to meet the User, User will need to write to us at email@example.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the App will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Diagnostic Center, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. However, where cancellation charges have been levied (as charged by the Diagnostic Center/Practice), the user would not be entitled to complete refund even if the user have cancelled beforehand.
- Users will not be entitled for any refunds in cases where, the Diagnostic Center is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Diagnostic Center.
Indemnity for non-compliance or breach: The User shall indemnify and hold harmless HTPL and its subsidiaries, Affiliates, Internal Service Provider and their respective officers, directors, agents, and employees, from and against any and all losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts etc. paid in settlement and expenses (including without limitation attorneys’ fees and disbursements), made by any third party or penalty imposed due to or arising out of the User’s breach of the Terms and Conditions including the Policies incorporated herein by reference, or the User violation of any applicable Law, rules or regulations or the rights of a third party or resulting from untrue, inaccurate, not current or incomplete information provided or verified by the user .
If User decides to use the payment gateway to make payments online, it is solely at User’s discretion. Should there be any issues with regard to the payment not reaching the respective Diagnostic Center’s account, please reach out to firstname.lastname@example.org.
Terms for Diagnostic Centers:
The Diagnostic Center shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Diagnostic Center, HTPL shall have the right to replace such Diagnostic Centers for the purpose of consultation to the User or remove such Diagnostic Centers from the App/HTPL application/site; the Diagnostic Center understands and agrees that, HTPL shall at its sole discretion, at any time be entitled to, show as other Diagnostic Centers available for consultation. The Diagnostic Center has the discretion to cancel any consultation at any point in time in cases where the Diagnostic Center feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Diagnostic Centers. However, it is strongly recommended that the Diagnostic Center advise the User and explain appropriately for next steps. The Diagnostic Center shall at all times ensure that all the applicable laws that govern the Diagnostic Center shall be followed and utmost care shall be taken in terms of the consultation being rendered. The Diagnostic Center acknowledges that should HTPL find the Diagnostic Center to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then HTPL shall be entitled to cancel the consultation with such Diagnostic Center or take such other legal action as may be required.
- The payment gateway option is being provided to the Users to make payment easier. In case wrong bank account details are provided by Diagnostic Center, HTPL will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, the user could contact email@example.com.
- It is further understood by the Diagnostic Center that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Diagnostic Center privilege. The Diagnostic Center understands that when a User books a time-slot with the Diagnostic Center for online consultation, the Diagnostic Center must comply with the time slot to the best of their availability. In case of delay, the doctor must notify User to their best possible ability. The Diagnostic Center understands that HTPL makes no promise or guarantee for any uninterrupted communication and the Diagnostic Center shall not hold HTPL liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by HTPL. It shall be the responsibility of the Diagnostic Center to ensure that the information provided by User is accurate and not incomplete and understand that HTPL shall not be liable for any errors in the information included in any communication between the Diagnostic Center and User.
- The Diagnostic Center shall indemnify and hold harmless HTPL and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the services provided by Diagnostic Center, violation of any law, rules or regulations by the Diagnostic Center or due to such other actions, omissions or commissions of the Diagnostic Center that gave rise to the claim.
Copyright and Content Ownership
All content on this site including but not limited to the text, music, sound, photograph, videos, graphics, algorithm + UI/UX and images are governed protected by the Indian Copyright Act, 1957 and the Trademark Act, 1999 and the subsequent amendments thereto, moral rights, and other laws relating to intellectual property rights. None of the content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes the material specifically made available for ‘downloads’ and sharing on social media on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact. Modification of any of the content or use of any of the content for any purpose other than as set out herein is prohibited. Except as permitted under applicable copyright laws, the user are responsible for obtaining permission before re-using any copyrighted material that is available on the App.
REVIEWS AND FEEDBACK
The user is solely responsible for the content that the user chooses to submit for publication on the App, including any feedback, ratings, or reviews (“Critical Content”) relating to Diagnostic Centers or other health professionals. The role of HTPL in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. HTPL disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. HTPL shall not be liable to pay any consideration to any User for re-publishing any content across any of its the Apps.
RIGHTS AND OBLIGATIONS RELATING TO CONTENT
- HTPL reserves the right to suspend or terminate a User’s access to the App and the Services with or without notice and to exercise any other remedy available under law, in cases where,
- Such User breaches any terms and conditions of the Agreement;
- A third party reports violation of any of its right as a result of the user’s use of the Services;
- HTPL is unable to verify or authenticate any information provide to HTPL by a User;
- HTPL has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- HTPL believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for HTPL or are contrary to the interests of the App.
- HTPL reserves the right to suspend or terminate a User’s access to the App and the Services with or without notice and to exercise any other remedy available under law, in cases where,
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the App under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the App by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall HTPL, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the App or the content, materials and functions related thereto, the Services, User’s provision of information via the App, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
- provision of or failure to provide all or any service by Diagnostic Centers to End- Users contacted or managed through the App;
- any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the App;
- any unauthorized access to or alteration of the user’s transmissions or data; or
- any other matter relating to the App or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the App or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
RETENTION AND REMOVAL
HTPL may retain such information collected from Users from its App or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
APPLICABLE LAW AND DISPUTE SETTLEMENT
- The user agrees that this Agreement and any contractual obligation between HTPL and User will be governed by the laws of India.
- Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or the user of the App or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by HTPL. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi 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 to the dispute.
Subject to the foregoing the courts at New Delhishall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, the user the App or the Services or the information to which it gives access.
CONTACT INFORMATION GRIEVANCE OFFICER
- If a User has any questions concerning HTPL, the App, this Agreement, the Services, or anything related to any of the foregoing, HTPL customer support can be reached at the following email address: firstname.lastname@example.org
If any provision of the 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 this 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.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by HTPL. Any consent by HTPL to, or a waiver by HTPL of any breach by the user, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.