Terms and conditions
Providence Financial Inc. Delaware USA is the owner of DomoGourmet (hereafter referred to as “DG”, “Company”, "DomoGourmet", "Service", “we”, "us" or "our"). It is an online social platform available at https://www.domogourmet.com, which offers a community marketplace for hosts and guests to have food events together. DG connects hosts who offer their hosting skills, food and facilities to guests seeking to participate in such food events. Each of DG's users, whether hosts or guests (“User” or “you”), is invited to use and enjoy DG in accordance with the terms and conditions hereunder. DomoGourmet Club ltd is the name of the British Company “DomoGourmet Club” who is hosting all the members.
1. Acceptance of the Terms
By accessing or using DG you acknowledge that the Terms constitute a binding and enforceable legal contract between the DG and the person connecting to, accessing or using DG.
Site: the website https://www.domogourmet.com or any other platform through which DG makes its services available.
Host: a DG member who owns a Home Restaurant, who creates a food event that is available for reservations. He is a DG‘s member.
Guest: a DG’s member who reserves and attends these food events, offered by other members of our company.
Food Event: an event hosted by the DG host, that encompasses a unique food experience together and food. A food event may include, but is not limited to, home meals, personal chef cook services, dinner parties.
Reservation: any registered user (member of DG) who makes an online reservation for a food event with any Host.
User: any person who registers for and creates a DG profile and apply to our DG Company. User hereafter is referred to each member of DG’s Company.
User content: all content that a DG member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
2. What DG is?
DG is an online platform which constitutes a community of hosts and guests, and facilitates a meetup to have food events together. DG is designed to enable Hosts to offer their hospitality, food and home facilities and allowing other guests to participate in food events they create and list on the Site.
At DG, we take great measures to provide you with the best experience you can have while using the Service; However, DG has no control over the conduct of any Hosts, Guests or any other User and disclaims all liability in this regard. Hosts and Guests are advised to thoroughly examine and check all necessary details related to their Food Event and Reservation with their respective Guests and Hosts prior to any engagement.
Participating in food events or other activities as a result, directly or indirectly, from using DG ("ticket for Home Restaurant” or DG tickets"), is entirely at your own risk. BY USING OR ACCESSING DG YOU UNDERSTAND AND AGREE THAT DG IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR DOES IT OPERATE AS A PLACE OF BUSINESS FOR VENDING FOOD OF ANY SORT. DG HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE AND SERVICE OR ANY MEALS AND DISCLAIMS ALL LIABILITY IN THIS REGARD. THE USER HAS THE SOLE AND ULTIMATE RESPONSIBILITY REGARDING COMPLIACNE WITH ALL LAWS, REGULATIONS, OR ANY OTHER DUTY RELATING TO THE FOOD EVENT. DG WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE THAT YOU MAY SUFFER OR INCUR AS A RESULT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN ANY FOOD EVENT CONDUCTED BY A USER OR THIRD PARTY. Certain Food Events may be subjected to a separate set of terms and conditions by their respective Hosts and organizers, and it is recommended for you to review such terms and conditions prior to making any engagement.
3. Registration on DG and Personal Profile
The Site and Service are intended solely for persons who 18 years of age or older. By registering to DG, you confirm and warrant that you are 18 years of age or older and that you accept the Terms. If you are under 18 years of age, you are expressly prohibited from using the Service on behalf of yourself or any other person or entity, and you must not provide DG with any of your personal details.
Members of DomoGourmet Club can be hosts or guests:
In order to register on DG and enjoy the Service as a Host, all you need do is to enter the Host registration segment on the Service and fill out your profile page. You will receive a confirmation for joining our Service via email to the email address you provided us upon registration.
To register on DG you are committed to provide complete, accurate and honest information and to keep it permanently up-dated.
Note that either as a Host or as a Guest, you will be able to edit your personal profile information at any point, adding or removing any information as you see fit. Information included in your profile which is marked as public shall be available to other Users on DG and to all Internet users.
As a Guest, in order to make an online Reservation on DG, you will be requested to provide the Company with additional personal information, such as home address, phone number, etc. Note that we will not disclose any of your personal information to others, except for your name, contact details and the Contact Form you filled in, in order to place your Reservation with the respective Host and to provide you with the Service.
To register on DG you are committed to provide complete, accurate and honest information and to keep it permanently up-dated.
Note that either as a Guest or as a Host, you will be able to edit your personal profile information at any point, adding or removing any information as you see fit. Information included in your profile which is marked as public shall be available to other Users on DG and all Internet users.
4. Reservation and Billing Arrangements
As a registered User, you are welcome to make an online reservation with any Host offering his services on DG ("Reservation"). As a Guest, you may pay for your Reservation by using our bank gateway. As part of the Reservation process you will be required to fill in some details regarding your Reservation (for example, any food preferences or allergies you may have) ("Contact Form"). The Contact Form will be automatically delivered to your respective Host. You will then wait to receive a confirmation from the Host you made a certain Reservation with. Once your Reservation is confirmed, the Company will notify you by email that your Reservation is confirmed ("Ticket of the Home Restaurant and Reservation Confirmation").
5. Fees and Payments
Hosts are required to post prices including all applicable taxes on their Food Event listings on DG. Reservations for Food Events may be subject to taxation, as required or ordered by the applicable tax law in the country in which respective Hosts reside.
It is the responsibility of the Hosts to determine the applicable taxes and are hereby comply with the applicable tax law and pay any taxes including VAT, surcharges, sales taxes, goods and services taxes, and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes imposed and levied in connection with Reservations made of their respective Food Events via DG or the payment thereof they represent and warrant that they will pay such taxes in time and in compliance with the applicable tax law. Note that failing to pay such taxes, as ordered by applicable tax law or to comply with any provisions the applicable tax law may prevent such Hosts from continuing publishing their offers on DG.
The Reservation Amount charged from Guests will be held by DG and in compliance with any applicable law, and will only be transferred to the respective Host 24 hours following Guest arrival to Host's Reserved Food Event and provided that no cancellation notification was made before that day by either the Guest or the Host (please see our Cancelation Policy (Section 6)).
As a guest, you represent and warrant that you will pay to your Host all fees and taxes incurred with your Reservation in a timely manner and in compliance with DG's fee schedule. Failing to settle your payments including any taxes incurred with your Reservation, will prevent you from executing your Reservation with DG and from further using DG. Notwithstanding the above, Company shall reserve the right, but have no obligation, to withhold any applicable taxes and obtain any other remedies available by law.
DG may, at any time and at its sole discretion, convert a free of charge service to a fee-based service, and change rates and payment terms. DG may deduct foreign currency processing costs from any payment. Any changes in DG’s fees will take effect immediately after being posted on DG.
DG may allow the Reservation amounts to be seen in different currencies. Although this information is believed to be accurate, we do not guarantee such accuracy. You hereby agree and acknowledge that these views of the Reservation amounts are for your convenience and informational purposes only, and that the applicable exchange rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time of such processing.
6. Cancellation of Reservation
All Reservations are subject to DG's cancellation policy, as stated below:
If a Reservation is cancelled by a Guest at least 48 hours prior to the applicable Food Event date, the Host shall not be paid any of the Reservation Amount and the Guest shall be reimbursed the full Reservation Amount net any Service Fee and fees paid by DG, minus the payment fees.
If a Reservation is cancelled by a Guest between 24 and 48 hours prior to the applicable Food Event date, the Host shall be paid 50% of the Reservation Amount and the remainder shall be returned to the Guest net any commissions and fees paid by DG.
If a Reservation is cancelled by a Guest less than 24 hours before the applicable Food Event, the Guest shall not be entitled to any return, credit or reimbursement.
Your Reservation shall be deemed canceled only upon receipt of DG confirmation of your cancellation.
The Company reserves the right to cancel a Reservation at any time upon returning full refund of Reservation Amount to the Guest.
In case a Host cancels Guest’s Reservation, DG will credit Guest with the full Reservation Amount that the Guest has paid to DG. The company reserves the right to charge the canceling Host with the Service Fees collected.
DG shall not bear any liability for any cost, expense, loss or damage that you may suffer or incur as a result of Host’s or Guest’s cancelation of a Reservation of Food Event.
Additionally, DG reserves the right to charge back from Hosts the Reservation Amount they received for organizing certain Food Event if upon the receipt of a complaint by a Guest with respect to such Food Event, it believes, at its sole discretion, that such Food Event was not compatible with DG standards of service or in case of any misconduct of the Host.
9. Use Restrictions
There are certain conducts which are strictly prohibited on DG. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your access to DG and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
Use DG for any illegal, unlawful or unauthorized purposes;
Use DG in any form of spam, unsolicited mail or similar conduct.
Allow access to your account to anyone other than yourself, including, without limitation, any persons who are under the age of 18. You accept full responsibility for any unauthorized use of the Service on your behalf, including by minors;
Use DG for non-personal or commercial purposes other than as a Host without Company’s express prior written consent;
Interfere with or violate other Users' rights to privacy and other rights, or harvest or collect data and information about other Users without their express consent, whether manually or automatically with the use of any robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access DG and retrieve, index and/or data-mine any information;
Interfere with or disrupt the operation of DG or the servers or networks that host DG, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
Post, publish, or otherwise make available through DG any content, text or information that is abusive, harassing, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
Impersonate any person or entity or provide false information on DG, whether directly or indirectly;
Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company or any third party endorses you, your website, your business, or any statement you make, or present false or inaccurate information about DG;
As a Host, provide falsely or inaccurate information with respect to the service you offer through DG for Guests, including, but not limited to any representation you make with respect to your Food Events, including the hosting place and the food you offer on DG.
Transmit, distribute, display or otherwise make available through or in connection with DG any content, including User Generated Content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our platform infrastructure;
Bypass any measures we may use to prevent or restrict access to DG;
Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of DG in any way;
Link, including in-line linking, to elements on DG, such as images and videos, independently from the web pages of DG on which they originally appear;
Bypass DG by forwarding your personal and contact details (as emails, phone numbers or sites address) to other Users of DG, whether you are a Guest or a Host, to avoid paying Service Fee to us or for other purposes.
10. Intellectual Property Rights
DG and the Intellectual Property rights pertaining thereto (other than User Generated Content), including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the "look and feel" of DG), specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, "Intellectual Property"), are owned and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under applicable laws and international conventions. Unless expressly permitted in the Terms, you may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to DG's proprietary rights, including the Service's Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of DG, including copyright mark [©] or trademark [® or ™] contained in or accompanying the content included in the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of DG's marks and logos, whether registered or not.
11. User Generated Content
11.1 DG allows you to upload, post, publish and make available through it, your own copyrightable materials such as literary works, text, images, photos, videos, strips and any other proprietary materials, including without limitation Hosts' posts on their pages and/or any part thereof and links to copyrightable materials (the "User Generated Content").
11.2 As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property.
11.3 You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material, on DG, in any way.
11.4 You represent and warrant that you are the rightful owner of the User Generated Content you upload to DG or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content, which are required to use and to enable DG to use the User Generated Content you upload to DG and that such User Generated Content does not infringe any third party's copyright or other rights.
11.5 You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for the Company to use or possess in connection with DG. Company explicitly reserves the right to remove the User Generated Content without giving any prior notice, at its sole discretion.
11.6 When you upload, post, publish or make available any User Generated Content on DG or use such User Generated Content via DG, you grant to the Company an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, make derivative works of, display, copy, make available to the public and perform that User Generated Content, along with your name, details, trade-marks, service-marks and logos, in connection with DG, whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future.
11.7 You agree that the Company may remove at any time any User Generated Content you have uploaded to DG in its sole discretion with or without any reason.
12. User Generated Content
12.1 As a condition for your use of DG, you hereby represent and warrant that:
You will not infringe or violate any of the Terms;
You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use DG in accordance with these Terms, and to fully perform your obligations hereunder;
The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
Host herby appoints DG as the Host's limited agent solely for the purpose of collecting payment made by Guests on behalf of Host.
It is the responsibility of the Host to assure that a Food Event is conducted in compliance with all applicable laws, rules and regulations, including with respect to any tax obligations relating to the Food Events. DG, its officers, directors, employees, agents and independent contractors make no representation, warranty or assurance to you with respect to the existence, scope and/or compliance as required or ordered by any applicable laws, rules and regulations with respect to such Food Events and DG expressly disclaims any such representations and warranties, express or implied in this regard.
13. Trademarks and Trade names
"DomoGormet"™ is a Company's mark and logo of the Providence Financial Inc. (reg. in Delaware and California) and all other proprietary identifiers used by the Company in connection with DG (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on DG belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks and therefore you will avoid using any of those marks.
14. Links to Third Party Websites
The Company may integrate commercials, advertisements and/or sponsored links, whether within or beside DG. By clicking the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. All the information contained in such commercials and advertisements belongs solely to the advertisers and the Company makes no warranties or representations as to such advertisements, whether or not the Company has control over such advertisements. The Company, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto, whether as a paying User or not.
DG's availability and functionality depends on various factors, such as communication networks, software, hardware and the Company's services' providers and contractors. The Company does not warrant or guarantee that DG will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
17. Changes to DG
The Company may change DG website's layout and design from time to time, and the availability of the content and services included therein, without giving any prior notice on DG. You hereby agree and acknowledge that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
18. Profile Changes and Cancellation of User Profile
At any time, you may change, edit, correct or delete any and all information included in your personal profile. For the cancellation and removal of your account from DG and on any matters that extend the usual management of your account, you may contact the Company at: firstname.lastname@example.org with such specific request. Company shall terminate your account and remove any information pertaining to you from the Service within reasonable time upon receiving your request for account cancellation. We will attempt to comply with any request to the best of our capabilities.
19. Refund, Disclaimer and Warranties
IN THE EVENT OF MISLEADING REPRESENTATION OR MISCONDUCT ON DG OR IN THE FRAMEWORK OF FOOD EVENTS HELD BY HOSTS THROUGH DG , COMPANY MAY DECIDE, IN ITS SOLE DESECRATION, TO CREDIT YOU WITH A REFUND FOR THE RESERVATION AMOUNT PAID OR PART THEREOF AND CHARGE THE HOST WITH THIS AMOUNT. NO ACTION OF THE COMPANY MAY BE CONSTRUED AS ACCEPTING ANY LIABILITY OTHER THAN AS MENTIONED HEREIN.
NOTWITHSTANDING THE FOREGOING, DG , INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND ANY INFORMATION RELATED THERETO, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
THE COMPANY DOES NOT WARRANT THAT DG WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO DG AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT A NOTICE TO YOU.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF DG, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF DG AND/OR THE FOOD EVENTS DISTRIBUTED THROUGH DG, INCLUDING THE NATURE AND QUALITY OF THE FOOD SERVED IN SUCH EVENTS, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT AND INFORMATION RECEIVED THROUGH DG, INCLUDING BY HOSTS OR GUESTS. THE COMPANY DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED IN ANY USER GENERATED CONTENT AVAILABLE ON DG.
20. Limitation of Liability
THE USE OF DG AND PARTICIPATION IN ANY FOOD EVENT IS SOLELY AT YOUR OWN RISK. EXCEPT AS PROVIDED HEREIN, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF DG OR ANY FOOD EVENT, OR THE USE OR INABILITY TO USE DG, REGARDLESS OF WHETHER THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO YOUR RESERVATION FEES.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of DG ; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to DG. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
22. Misconduct and Copyright Agent
We care for your safety. If you believe a User acted inappropriately including (but not limited to) offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to Us; provided your report will not incur any liability Company's address for reporting any misconduct is specified below.
Providence Financial Inc.
420 North Montebello Blvd, Suite 201, 90640 Montebello, Los Angeles (CA), United States of America
The Company respects the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to the Company's Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate the material (including URL address); (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company's Copyright Agent can be reached through the address specified above.
23. Amendments to the Terms
24. Account and Service Termination
At any time, the Company may block your access to DG and/or temporarily or permanently limit, suspend or terminate your personal profile, for any reason, at its sole discretion, in addition to any other remedies that may be available to the Company under any applicable law. Such actions by the Company may be taken if the Company deems that you have breached any of these Terms in any manner.
Additionally, the Company may at any times, at its sole discretion, cease the operation of DG or the Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of DG's operation and loss of any data, including User Generated Content, as a result, as long as your pending reservation is handled properly.
25.1. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
25.2. If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.
25.3. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
25.4. These Terms constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.