Terms & Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of www.waypham.com website and its mobile applications.


www.waypham.com (“Website”) is an Internet-based portal owned and operated by the company, a company incorporated under the laws of India. Use of the Website is offered to you, subject to acceptance of all the terms, conditions, and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments/modifications made by the company at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a service(s). For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Account Information (defined below) while registering on the Website as a registered User using the computer systems.

company shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms and Conditions (“Terms”). The revised Terms shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms made available on the Website, at the time of such use. You are requested to regularly visit the Website to view the most current Terms. It shall be your responsibility to check the Terms periodically for changes. The company may require you to provide your consent to the updated Terms in a specified manner prior to any further use of the Website and the Services, provided on the Website. If no such separate consent is sought, your continued use of the Website, following changes to the Terms, will constitute your express acceptance of those changes.

By (i) using this Website or any facility or service provided by this Website in any way; or (ii) merely browsing the Website, you agree that you have read, understood, and agreed to be bound by these Terms and the Web site’s Privacy Policy available at the link on the Website. Company shall not be liable to deliver any product purchased by you for delivery, in locations outside India. the customer agrees to use the service to authorize an individual and get the products from the vendor on his/her behalf.


The Website is a platform that facilitates the online requisition by the user for the purchase of eye care and wellness/health-related products offered by the company and its various registered merchants/vendors (“Products”). The sale & purchase/transaction between the company / its registered merchants/vendors and You, of products, facilitated by the requisition placed by you on the Website shall be governed by these Terms.

Eligibility To Use

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, of 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, of 1872 including minors, un-discharged insolvents, etc. are not eligible to use the Website. The Products shall also not be available to any Users suspended or removed from the company’s system for any reason whatsoever. If You do not conform to the above qualification, you will not be permitted to put a requisition for the Products through the Website. By accessing and using this Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, you may avail of the services provided by the Website, through Your legal guardian in accordance with the applicable laws. reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to the company’s notice or if it is discovered that you are under the age of 18 years.

Company reserves the right to refuse access to use the services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reason for doing so and You shall have no right to object to the same.

You shall not have more than one active Account on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another party.

User Account, Password, And Security

Company shall enable You to make the requisition of Products available to You through the Website, only if You have provided the company certain required User information and created an account (“Account”) through User ID and password or other log-in ID and password, which can include a Facebook, Gmail, Yahoo ID or any other valid email ID (collectively, the “Account Information”). The transaction and delivery of the Products by the registered merchants/vendors may also be subject to procedures for use of the Website, Terms, uploaded guidelines, rules, additional terms of service, or other disclaimers & notices if any (“Additional Terms”). If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that service.

The Website requires You to register as a User by creating an Account in order to avail of the services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify the company of any unauthorized use of Your Account or Account Information or any other breach of security, and (b) ensure that You exit/log out from Your Account at the end of each session. The company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4. You may be held liable for losses incurred by the company or any other User of or visitor to the Website due to the authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise.

The Website also allows / shall allow restricted access to the Website for unregistered Users.

You shall ensure that the Account Information provided by You in the Web site’s registration form is true, complete, accurate, and up-to-date. Use of another User’s Account Information for availing of the services offered by the company is expressly prohibited.

If You provide any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or the company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website by You.

You confirm that you are the authorized holder of the credit card or the original account holder used in the transactions he/she makes using the Website. The company will not be responsible for any financial loss, inconvenience, or mental agony resulting from the misuse of the Your ID/password/credit card number/account details number for using the Website.

Pricing Information And Payment

The company strives to provide You with the best prices possible on the Products You require from the Website. The pricing details for the purchase of Products from the Website are detailed under these Terms.
(a) All commercial terms such as price, delivery, and dispatch of Products and/or services are as per principal-to-principal bipartite contractual obligations is inclusive of tax between the User and the Vendor.
(b) Your relationship with the company is on a principal-to-principal basis and by accepting these Terms of Use you agree that the company is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed/ offered on company’s Website. The company does not guarantee the identity of any Vendor nor does it ensure that a User or a Vendor will complete a transaction.
(c) You, as a User, understand that upon initiating a requisition on the Website You are entering into a legally binding and enforceable contract with the Vendor to purchase the Products and /or services from the Vendor on a cash-on-delivery basis or such the mode as may be specified by the company.
(d) You, as a User, shall hand over a copy of the prescription, at the time of delivery, for the delivery of Products which as per law requires a valid prescription signed by a medical practitioner. You acknowledge that delivery of such Products shall be made only if the Vendor or its agent/employee is satisfied that the prescription is in compliance with applicable norms. As a further addition to the process for fulfillment, our partner retailer would require your original prescription for validation and verification. The same would be returned at the time of delivery of the products ordered.
(e) You, as a User, shall electronically notify the company using the appropriate company’s Website features immediately upon Delivery or non-delivery within the time period as provided in these Terms of Use. Non-notification by You of delivery or non-delivery within the time period specified in these Terms of Use shall be construed as a deemed delivery in respect of that particular order.
(f) Company reserves the right to refuse to process orders/requisitions from Users with a prior history of questionable charges including without limitation breach of any agreements by User with the company or breach of any policy.
(g) The User and Vendor acknowledge that the company will not be liable for any damages, interests or claims, etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond the control of the company.
(h) You acknowledge that the company is a mere facilitator and does not fall within the purview of the Food Safety and Standards Act, 2006 and the rules framed thereunder.
(i) You acknowledge that the company is a mere facilitator and does not fall within the purview of the Drugs and Cosmetics Act, 1940 and the rules framed thereunder.
(j) The customer also agrees to pay a nominal fee for the same.

User Obligations

Subject to compliance with these Terms, the Company grants You a personal, non-exclusive, non-transferable, limited privilege to access and use this Website and the services provided herein.
You agree to use the services, Website, and the materials provided therein only for purposes that are permitted by (a) the Terms; and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.

You agree to adhere to all limitations on dissemination, use, and reproduction of any materials (such as the Product catalogs) that You access on the Website in accordance with Section 7 below.

You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface that is provided by the company. You shall not use any deep link, robot, spider, or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

You acknowledge and agree that by accessing or using the Website or Services, you may be exposed to content from other users that You may consider offensive, indecent, or otherwise objectionable. company disclaims all liabilities arising in relation to such offensive content on the Website. Further, you may report such offensive content in the manner prescribed under Section 17 herein.

If the Website allows You to post and upload any material on the Website, you hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:

Defame, abuse, harass, threaten, or otherwise violate the legal rights of others;

Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information through any bookmark, tag or keyword;

Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;

Engage in any activity that interferes with or disrupts access to the Website or the services (or the servers and networks which are connected to the Website);

Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any company server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;

Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of a company, including any company Account not owned by You, to its source, or exploit the Website or service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;

Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.

Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;

Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the company or other third parties;

Conduct or forward surveys, contests, pyramid schemes or chain letters;

Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

Violate any applicable laws or regulations for the time being in force within or outside India;

Violate the Terms including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and

Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
company has no obligation to monitor such communications by You. However, the company reserves the right to review materials posted by You and to remove any materials at its sole discretion. company reserves the right to terminate the User’s access to any or all of such communication services provided by the company at any time without notice for any reason whatsoever.

company reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, in company’s sole discretion.

company does not control or endorse the content, messages or information found in any communication service and, therefore, the company specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user’s participation in any communication service.

You agree that You are solely responsible to the company and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which company or its affiliates or its vendors may suffer) for any such breach.

You agree and acknowledge that the company is not the Vendor of the Products and the company shall in no manner be deemed to be the Vendor of the Products on this Website. company is only facilitating the purchase of the Products by You from the vendors by providing the services to You.

You agree that Company may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website or offer opportunities to some or all Website Users.

Use Of Materials

Except as expressly indicated to the contrary in any applicable Additional Terms, the company hereby grants You a personal, non-exclusive, freely revocable (upon notice from the company), non-transferable access to view, download and print product catalogs or any other materials available on the Website, subject to the following condition:

You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms;

You may not modify or alter Product catalogs or any other materials available on the Website;

You may not distribute or sell, rent, lease, license or otherwise make the Product catalogs or any other materials available on the Website available to others; and

You may not remove any text, copyright or other proprietary notices contained in the Product catalogs or any other materials available on the Website.

The rights granted to You in the Product catalogs or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The Product catalogs or any other materials available on the Website shall not be copied or retransmitted unless expressly permitted by the company.

Any software that is available on the Website is the property of the company or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms or by the express written permission of the company.

Any purchase of the merchandise or Services from the Website will be strictly for the personal use of the User. The User hereby expressly agrees that any merchandise or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandise purchased is not transferrable to any third party for profit.

Usage Conduct

You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website.

You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.

You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.

Intellectual Property Rights

The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, and computer code (collectively, the “Content”) on the Website is owned and controlled by the company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of company or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of the company, the relevant vendor, or the third party that may own the Marks.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the company owns all intellectual property rights to and into the trademark www.waypham.com, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the company or third-party owner of such Content.

Third-Party Content

The Website makes available general third-party information such as Product catalogs, lists of vendors, technology and features, advertisements including videos, images, and photographs of the products, and other data from external sources (“Third Party Content”). Similar Third Party Content would also be available to You on the email received by You from the company. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third-Party Content provided to You is obtained from sources believed to be reliable. company does not provide any guarantee with respect to any the Third-Party Content and Company shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.

Disclaimer Of Warranties & Liability

You expressly understand and agree that to the maximum extent permitted by applicable law:

the website, services and other materials are provided by the company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. without limiting the foregoing, Company makes no warranty that (i) the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable; (iii) the quality of the Website, services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from the company or through or from use of the services shall create any warranty not expressly stated in the terms.

to the maximum extent permitted by applicable law, the company will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. the company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

company will not be liable for any loss that you may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Website or any services or materials, either with or without your knowledge. company has endeavored to ensure that all the information on the Website is correct, but company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. company shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. further, the company shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond company’s control. The user understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. company is not responsible for any typographical error leading to an invalid coupon. the company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

company shall not be liable for any third-party product or services. the advertisement available on e-mail or website with respect to the third-party website or the Products is for information purpose only.

You expressly agree that Your use of the Website is at Your risk.

Indemnification And Limitation Of Liability

You agree to indemnify, defend and hold harmless company including but not limited to its affiliates, vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, You agree to hold Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights.

Notwithstanding anything to contrary, company’s entire liability to You under this Terms or otherwise shall be the refund of the money charged from You for any specific voucher or Product or service, under which the unlikely liability arises.

In no event shall company, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials.

company is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. the company cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any <no transactions are entered into> on the Website. company shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

company does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

It no time shall company hold any right, title or interest over the products nor shall company have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. company is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

Violation Of The Terms

You agree that company may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if the company determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the company, for which monetary damages would be inadequate, and You consent to the company obtaining any injunctive or equitable relief that company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the company may have at law or in equity.

You agree that company may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.

If the company does take any legal action against You as a result of Your violation of these Terms, the company will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the company.


The Terms will continue to apply until terminated by either You or company as set forth below. If You want to terminate Your agreement with the company, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where the company has made this option available to You.

company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:

You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);

company is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);

The provision of the services to You, by company, is, in the company’s opinion, no longer commercially viable;

company has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or

company may also terminate or suspend all or a portion of Your account or access to the services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.

You agree that all terminations shall be made in Company’s sole discretion and that company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and the services offered thereunder.

Notwithstanding the foregoing, these Terms will survive indefinitely unless and until the company chooses to terminate them.

If You or company terminate Your use of the Website, the company may delete any content or other materials relating to Your use of the Website and company will have no liability to You or any third party for doing so.

Governing Law

These Terms and all transactions entered into on or through the Website and the relationship between You and company shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website or the relationship between You and company shall be subject to the exclusive jurisdiction of the courts at Gurgaon, India and You hereby accede to and accept the jurisdiction of such courts.

Report Abuse

In the event, You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Website, please report to the company’s customer support team.

Privacy Policy

Please go through our Privacy Policy, which also covers your visit to waypham.com so as to understand us and our practices. The personal information/data you provide is categorized by us as strictly confidential and is treated in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.


You hereby expressly agree to receive communications by way of SMS, e-mails from the company, phone calls relating to the Products offered through the Website. A User can unsubscribe / opt-out from receiving communications from the company through SMS and e-mail anytime by Visiting www.waypham.com to unsubscribe from messages/ SMS; and Newsletters sent daily at the registered email address: by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail

General Provisions

Notice: All notices of the company will be served by email or by general notification on the Website. Any notice provided to the company pursuant to the Terms should be sent to legal@waypham.com

Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. company’s rights under the Terms are freely transferable by the company to any third parties without the requirement of seeking Your consent.

Severability: If for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

Waiver: Any failure by company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by company of that provision or right.