Introduction
1. Welcome to the website www.eurochip.co.il and/or www.eurochip-tech.com (together hereinafter: the "Website") from Eurochip Technologies Ltd. (hereinafter: the "Company").
2. The Website constitutes an online platform for ordering and purchasing various electronic products and components.
3. Please read carefully these terms of use (hereinafter: the "Terms of Use") following below.
4. By approving the Terms of Use or accessing the Website, you signify your agreement to abide by all the terms outlined in the Terms of Use. Additionally, your agreement extends to all the provisions specified in the Company’s privacy policy which forms an integral part of the Terms of Use.
5. The Terms of Use govern the interaction between the Company, which includes its owners, managers, and operators, and any entity, hereinafter referred to as “User”, using the Website, including for ordering and/or purchasing of electronic products and components. By accessing an/or using the Website, the User acknowledges having read and comprehended all the Terms of Use. The User further expresses agreement with and commitment to comply with all aforementioned Terms without exception, undertaking to act in accordance with them.
6. If you do not agree with any or all of the Terms of Use, you should refrain from browsing and/or using the Website. This includes not placing orders and/or purchasing any electronic products and/or components from the Company through the Website.
7. The Terms of Use are intended for both women and men and have been written in the masculine language for convenience only.
8. The headings listed in these Terms of Use are for convenience only and should not be used for interpretation purposes.
Registration for the Website
9. Any company or entity can browse the Website strictly for legal purposes, and to place orders and/or purchase various electronic products and/or components through it, in accordance with the Terms of Use and applicable laws. It should be clarified that the Company does not permit private individuals to place orders and/or purchase electronic products and/or components through the Website.
10. Upon the User’s initial visit to the Website, it is necessary to undergo the registration process to establish a personal account.
11. As part of the registration procedure, the User must provide full details, including name, address, contact information (including phone number(s) and email address) and also choose username and password, which will be used by him for all subsequent visits to the Website for the purpose of ordering and/or purchasing various electronic products and/or components.
12. The Company reserves the right, from time to time, to request the User to update his username and/or password for any reason and as condition to ongoing access to the Website, as well as for placing order(s) and/or making telpurchase(s) of electronic products and/or components through it.
13. The User undertakes not to give his username and password to any party that is not authorized by him to operate on his personal account on the Website, and also undertakes to keep them in complete and absolute confidentiality.
Ordering and/or Purchasing Electronic Product(s) and/or Component(s) through the Website
9. By using the Website, the User can place orders and/or purchase certain electronic product(s) and/or component(s), all in accordance with the Terms of Use and applicable laws.
10. For the avoidance of doubt, the Company is an independent distributor in the field of electronic products and components and is not an official representative and/or official distributor of the manufacturing companies of the various electronic products and components that can be ordered and/or purchased through the Website.
11. The very possibility of ordering and/or purchasing various electronic products and components through the Website does not imply any endorsement, opinion, or expression of opinion by the Company for the User to proceed with ordering and/or purchasing them.
12. The Website features a search page that enables User(s) to find electronic product(s) and/or component(s) they intend to order and/or purchase from the Company using the universal serial number associated with a particular electronic product or component.
13. Upon identifying the requested electronic product and/or component, as mentioned above, the details such as the manufacturing company's name, quantity, and universal serial number will be displayed. Prior to proceeding with the ordering and/or purchasing of the electronic product and/or component, the User is required to confirm that it is the exact electronic product and/or component intended for order and/or purchase through the Website.
14. As the next step, the User is required to specify the desired quantity of the mentioned electronic product(s) and/or component(s) he wishes to order and/or purchase through the Website, followed by selecting the “ADD TO CART” button. This can be done for an unlimited number of the electronic products and/or components. For the avoidance of doubt, the Company does not guarantee that the quantity of the relevant electronic product(s) and/or component(s), as it appears on the Website as of the time the User browses it, corresponds to the inventory the Company actually has on hand.
15. Subsequently, the User is required to select the "CART" button displayed on the Website. The User should then identify the electronic product(s) and/or component(s) intended for order and/or purchase, corresponding to the previously chosen quantities, and proceed to click the " ADD TO CART" button.
16. Upon completion of the above actions, a notification will be received that the User's request for an order and/or purchase has been received by the Company. The order confirmation will be sent to the User by the Company, via email (according to the email address the User provided to the Company at the time of registration to the Website), as soon as possible and within 24 hours at the latest (and if it is a list of parts for the kit, then within 72 hours at the latest).
17. It is hereby clarified that the Company does not guarantee that the electronic product(s) and/or component(s) requested and/or the quantity requested by the User are in stock and/or available for purchase. If a particular product and/or component is not in stock and/or out of production, the User will receive a notification via email (according to the email address he provided to the Company at the time of registration to the Website), as soon as possible and within 24 hours at the latest (and if it is a list of parts for the kit, then within 72 hours at the latest).
18. For the avoidance of any doubt, it is hereby clarified that the order will only be valid for the User's specific order and only for 48 hours from the date it is sent to the User, and in any case it is subject to the Company's final approval.
19. The User must choose whether he wants the delivery of the electronic product(s) and/or component(s) he wishes to order and purchase through the Website to be carried out by one of the delivery companies listed on the Website (as long as the User has an account with any of them) or by the Company. In case the User opts for one of the courier companies to handle the shipment, he must select the appropriate option, and the entire shipping expenses, including customs fees and similar charges, will be covered by the User and remitted to the designated courier company. In the event that the User selects the Company to manage the shipment, the shipping costs will be added to the overall expense of acquiring the electronic product(s) and/or component(s), encompassing customs fees and related charges.
20. Lastly, the User needs to complete the payment for the order and/or purchase of the respective electronic product(s) and/or component(s) through a valid credit card issued in the User's name, or alternatively, via PAYPAL, or through a bank transfer.
21. The User undertakes to provide accurate and up-to-date details. The User hereby acknowledges that submitting false details constitutes a criminal offense according to law. The Company reserves the right to pursue legal action against individuals who submit false details, and may disclose such details to law enforcement authorities in any relevant jurisdiction. Additionally, the Company retains the right to cancel the order/purchase of any electronic product(s) and/or component(s) in the event that false and/or incomplete information is submitted, as specified above.
22. If, for any reason, the User's request to order and/or purchase the electronic product(s) and/or component(s) is not approved by the credit company, PAYPAL, the bank, the Company, or any representative thereof, the User will not be entitled to proceed with the order/purchase of the electronic product(s) and/or component(s).
23. It is clarified that the payment for the order/purchase of the relevant electronic product(s) and/or component(s) through different payment methods may incur various fees imposed by the credit company or the operator of the payment services used by the User, in accordance with the terms of service of that operator. The User is solely responsible for covering these fees, as necessary./li>
24. It is further clarified that the Company shall not be held liable for any issues, malfunctions, or damages incurred by the User while making payments for the order and purchase of the relevant electronic product(s) and/or component(s). In the event of any such problems or malfunctions, the User should directly contact the customer service of the credit company or the operator of the payment services through which the payment was made.
25. The Company employs standard precautions to reasonably uphold the confidentiality of payment details provided by the User. In circumstances beyond its control and/or arising from force majeure, the Company shall not be held accountable for any form of damage, whether indirect or direct, incurred by the User or anyone on his behalf, including but not limited to loss, unauthorized access, or misuse of such information by any unauthorized party. This disclaimer is without prejudice to the provisions outlined in Section E of the Terms of Use below.
26. Order confirmation will be sent to the User only upon receipt of confirmation from the credit company / PAYPAL / the bank, as applicable, indicating the successful transfer of full payment by the User to the Company. In case the Company does not receive such confirmation, the order will be considered canceled.
27. It is hereby clarified that it is not possible to purchase a quantity of any electronic product(s) and/or component(s) on the Website for an amount less than USD 1000 (the amount is subject to changes at the sole discretion of the Company).
28. To facilitate the dispatch of electronic product(s) and/or component(s) ordered or purchased by the User, the order must be accurately received and recorded in the Company's computer systems, encompassing all necessary details for order completion. Various factors may lead to malfunctions and disruptions in the Company's computer processing of orders. Therefore, in case the User has not received a confirmation from the Company that his order has been received and/or executed, as applicable, it is advisable to contact the Company by sending an email to [email protected]. This will enable the User to conduct the necessary inquiry, verify the order's registration and processing in the Company's computers, and determine its current status.
29. Upon successful completion of all stages in the electronic product(s) and/or component(s) ordering process, including full advance payment for their purchase and delivery, and contingent upon the Company's confirmation of the order and their actual availability in the Company's stock, the products and/or components will be dispatched to the User within 7 to 10 business days, commencing from the subsequent business day after the final order confirmation and receipt of full payment by the Company, whichever is later. This standard delivery timeline applies, excluding electronic product(s) and/or component(s) necessitating testing in an authorized electronic laboratory. For the aforementioned product(s) and/or component(s), delivery times may vary based on their quantity and type, ranging between 25-30 business days. For the avoidance of doubt, it is hereby clarified that the Company will not be responsible for any damage of any kind, indirect or direct, that will be caused to the User and/or anyone on his behalf and/or to any third party in cases beyond Company’s control and/or resulting from force majeure and/or resulting from the non-delivery of the electronic product(s) and/or component(s) by one of the Company’s various suppliers, in all matters related to and/or concerning the failure to deliver the delivery of the electronic product(s) and/or component(s) (all or part of them) within the time specified above, and this without derogating from what is stated in Section E of the Terms of Use hereinbelow.
Cancellation and Refund Policy (EU):
35. Cancellation Policy. Users may cancel their order within 14 days of receiving the electronic product(s) and/or component(s) without providing any reason. This right of cancellation is in accordance with the Consumer Rights Directive 2011/83/EU. The cancellation period will expire after 14 days from the day on which the User acquires, or a third party other than the carrier and indicated by the User acquires, physical possession of the electronic product(s) and/or component(s) ordered by the User via the Website. To exercise the right of cancellation, Users must notify the Company of their decision to cancel the order by an unequivocal statement sent to [email protected].
36. Refund Policy If Users cancel their order, the Company will reimburse all payments received from them, including the costs of standard delivery, without undue delay and in any event not later than 14 days from the day on which the Company is informed about the decision to withdraw.
37. Refunds will be processed using the original payment method. If the original payment method is unavailable, an alternative method may be used.
38. Users shall send back the received electronic product(s) and/or component(s) or hand them over to the Company, without undue delay and in any event not later than 14 days from the day on which they communicate their withdrawal from the transaction. This deadline is met if Users send back the electronic product(s) and/or component(s) before the period of 14 days has expired. The Company may withhold the refund until it has received the electronic product(s) and/or component(s) back or the User has supplied evidence of having sent them back, whichever is the earliest. Users will have to bear the direct cost of returning the goods.
39. Users are only liable for any diminished value of the electronic product(s) and/or component(s), resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the electronic product(s) and/or component(s). For the avoidance of doubt and without deviating from the above, it is not possible to cancel the purchase and receive a refund for the electronic product(s) and/or component(s) provided to the User by the Company if they are damaged by the User and/or someone on his behalf.
40. The Company reserves the right to cancel any order at its sole discretion.
Cancellation and Refund Policy (US):
35. Cancellation Policy. Users may cancel their order(s) at no cost within 8 hours of placement and in any case before the order has been processed, provided the Company has sufficient time to cancel the order. To initiate a cancellation, Users are required to contact the customer service team at [email protected] within the specified timeframe. The Company reserves the right to modify its cancellation policy at any time, and Users are encouraged to review it periodically for updates. Nothing is this section limits the Users’ right to cancel their order under any law.
36. Refund Policy. Refund requests are considered within 30 days from the date of purchase. To be eligible for a refund, the purchased electronic product(s) and/or component(s) must be unused, in its original packaging, and in the same condition as received. Users must contact Company’s customer service team at [email protected] to initiate the refund process. It is hereby clarified that refunds are subject to approval after inspecting the returned product/component. For the avoidance of doubt and without deviating from the above and below, it is not possible to cancel the purchase and receive a refund for the electronic product(s) and/or component(s) provided to the User by the Company if they are damaged and/or used by the User and/or someone on his behalf. The approval or denial of a refund will be communicated to the User by the customer service team. Shipping costs are non-refundable. Furthermore, if a refund is approved, the cost of return shipping may be deducted from the refund amount.
37. Refunds will be processed using the original payment method. If the original payment method is unavailable, an alternative method may be used.
38. Furthermore, in the event that the User's purchase of electronic product(s) and/or component(s) involves the use of a credit card, the Company reserves the right to request the User to cover any fees associated with clearing the credit card transaction imposed by the credit card company or any other entity engaged by the Company for credit card clearing purposes.
39. Similarly, if the User's purchase of electronic product(s) and/or component(s) is conducted through PAYPAL and/or via bank transfer, the Company may, at its discretion, require the User to bear any associated expenses necessary for the cancellation of the purchase transaction. Such expenses may include, but are not limited to, transaction fees or charges levied by PAYPAL or banking institutions.
40. The Company reserves the right to cancel any order at its sole discretion.
41. During a transaction, before or after it, the prices and quantities can be changed by us from time to time and can be different from what is shown on the website. All those involved in the industry know that prices and quantities of components/products can increase or decrease in any given situation and depending on the situation of lack in the market or they cannot be obtained or they are out of production.
Intellectual Property
42. The Company owns all rights, including full intellectual property rights on the Website and all its content and/or information and/or display and/or software and/or graphic design that appear within it as well as in its trademarks, with the exception of publications/content/information/graphic designs of third parties uploaded to the Website. The Company is the owner of all trade secrets, which were developed and/or designed and/or compiled and/or created by the Company and/or someone on its behalf and/or whose rights were transferred to the company by the third party.
43. Users are expressly prohibited from copying, reproducing, distributing, transferring to a third party, publishing, using, or engaging in any action, directly or indirectly, with the contents, information, displays, software, graphic designs, and/or the Company's trademarks that is prohibited by any applicable law. This includes, but is not limited to the Copyright Law of 1976 and/or other relevant intellectual property laws, unless the Company has expressly granted written permission to the User in advance. (US)
OR
44. Users are explicitly prohibited from copying, reproducing, distributing, transferring to a third party, publishing, using, or engaging in any action, directly or indirectly, with the contents, information, displays, software, graphic designs, and/or the company's trademarks that is prohibited by any applicable law, including but not limited to the Copyright Directive (Directive 2019/790/EU) and/or the EU Trademark Regulation (Regulation (EU) 2017/1001) and/or other relevant intellectual property laws, unless the Company has expressly granted written permission to the User in advance. (EU)
Limitation of Liability
44. The electronic products and components available for order and purchase on the Website are not manufactured by the Company but by third parties. These products and components are received or will be received by the Company in their current condition, "AS IS."
45. The Company holds responsibility solely for the integrity of the electronic product(s) and/or component(s) purchased by the User and received from the Company. This warranty is effective from the date of ordering the specified electronic product(s) and/or component(s) and extends for a maximum of 120 days. The aforementioned warranty does not extend to damages, including but not limited to breakage or damage, resulting from the User's utilization that deviates from the provided instructions for the use of the relevant electronic product(s) and/or component(s). The warranty also does not cover usage inconsistent with the product’s or component's intended purpose, improper storage, or similar actions. Additionally, warranty coverage will be void if the electronic product and/or component has been removed from its original packaging. Should the User wish to assert that the electronic product(s) and/or component(s) received from the Company are defective, either wholly or partially, he is required to notify the Company immediately. The User must promptly inform the Company of his claim and dispatch the relevant electronic product(s) and/or component(s) in their original packaging without any delay. Upon receipt of the defective electronic product(s) and/or component(s) and the Company's confirmation that they are not functioning properly and have not been utilized, the Company, at its sole discretion, will initiate the replacement process within a maximum of 10 business days. It is important to note that no refunds or offsets will be provided for future purchases as part of this replacement procedure. In addition, and for avoidance of any doubt, it is hereby clarified that the receipt of electronic product(s) and/or component(s) by the Company, as described above, does not imply consent, acknowledgment, or admission on its part concerning the User's claims regarding their integrity, whether in whole or in part.
46. The Company does not warrant that the Website, including the process of ordering and/or purchasing electronic product(s) and/or component(s) through it, will be uninterrupted, function without disruptions, operate securely and error-free, or be immune to unauthorized access. This includes potential damages, breakdowns, failures, and malfunctions, whether technical or otherwise, involving the hardware, software, or communication lines related to the Company, third parties, the Internet, telephony networks, cellular networks, or any other media facilitating the use of the Website . The User acknowledges and declares that he will not assert any claims or demands against the Company or its representatives for the aforementioned, thereby waiving any and all remedies against the Company or its representatives in this regard.
47. The Company reserves the right to prevent and/or terminate the usage of the Website by User or any other party in cases where their usage is deemed inappropriate and/or unreasonable, all at the sole discretion of the Company.
48. The User undertakes that any action and/or use of the Website, including but not limited to ordering and/or purchasing electronic product(s) and/or component(s), will be carried out in a manner consistent with full and complete good faith.
49. All information and/or data provided by the User to the Company as part of his use of the Website, including but not limited to ordering and/or purchasing electronic product(s) and/or component(s) through it, are not owned and/or controlled by the Company and/or anyone on its behalf. The User will be solely responsible for the correctness of such information and/or data. The User who provided any information and/or data to the Company as mentioned above acknowledges and agrees not to assert any claim and/or demand of any nature against the Company and/or any party on its behalf in this regard. The User hereby provides a comprehensive, conclusive, and unconditional waiver of any recourse, of any kind, against the Company and/or any representative thereof in relation to this matter.
50. The User bears sole responsibility for backing up all information and/or data furnished to the Company. The User acknowledges and agrees not to assert any claim and/or demand of any nature against the Company and/or any party on its behalf in this regard. The User hereby provides a comprehensive, conclusive, and unconditional waiver of any recourse, of any kind, against the Company and/or any representative thereof in relation to this matter.
51. The User undertakes not to transfer and/or upload to the Website any material that may harm and/or jeopardize the Website, the Company, or any party associated with it, including harmful content of any nature, "viruses", "Trojan horses", and similar elements. The User hereby accepts sole responsibility for any damage, of any kind, incurred by the Company, its representatives, or any third party connected to this issue.
52. The Company and/or anyone on its behalf are not responsible for any action of any kind that creates a relationship between the User and any third party as a result of the User’s use of the Website and/or the electronic product(s) and/or component(s) ordered and/or purchased by the User through it and/or through the Company.
53. The Company and/or anyone on its behalf are not responsible for any connection that may be formed between a User and a third party as mentioned above as a result of User’s use of the Website and/or the electronic product(s) and/or component(s) ordered and/or purchased by the User through it and/or through the Company.
54. The Company and/or anyone on its behalf will not be a party to any transaction that may be entered into between the User and any third party as a result of User’s use of the Website and/or the electronic product(s) and/or component(s) ordered and/or purchased by User through the Website and/or through the Company , whether it will take place or not, and will not bear any responsibility for the results that may be caused by transactions of this type and/or others.
55. The Company and/or anyone acting on its behalf, bears no responsibility for the reliability, timeliness, and functionality of various actions on the Website, including its content, unless the damage is a direct result of the Company's actions or those acting of its behalf.
56. Without derogating from the general Terms of Use herein, the Company, and/or anyone acting on its behalf, shall not be held liable, either directly or indirectly, for any form of damage, be it direct, indirect, consequential, or special, financial or otherwise, purportedly incurred by the User and/or any third party acting on his behalf due to or as a result of the User's use of the Website. This includes any use by the User and/or any third party of the electronic product(s) and/or component(s) requested, ordered, and/or purchased through the Website and/or the Company. This limitation applies whether based on these Terms of Use, the Company's privacy policy document, or any other legal grounds, including tort, absolute liability, or any other cause. The User affirms that he, or any other party, will not assert any claim or demand against the Company or anyone acting on its behalf in relation to these matters, and hereby provides a comprehensive, final, and absolute waiver of any remedy against the Company and/or anyone on its behalf concerning the aforementioned issues.
57. The User agrees and undertakes to indemnify and hold harmless the Company and/or anyone acting on its behalf from all expenses and damages, of any nature whatsoever, arising from the User's actions and/or omissions, use of the Website and its content, provision of information, transfer and/or upload of content to the Website, and/or any harmful activity or violation of any law. This indemnification extends to all matters related to the ordering and/or purchasing of electronic product(s) and/or component(s), and includes any allegations, demands, or claims directed against the Company and/or anyone acting on its behalf by any party whatsoever, pertaining to or arising from the User's use of the Website, including but not limited to ordering and/or purchasing of electronic product(s) and/or component(s) through it.
58. The User agrees and undertakes to join any legal and/or quasi-legal proceedings initiated (if initiated) against the Company and/or anyone acting on its behalf, related to the User’s use of the Website, and/or of the electronic product(s) and/or component(s). The User commits to assuming full legal responsibility arising from such proceedings and covering all expenses and damages of any kind incurred by the Company and/or anyone acting on its behalf due to the User’s participation in relation to the aforementioned issues.
59. Without derogating from the foregoing, a User's breach of the Terms of Use shall entitle the Company and/or anyone acting on its behalf, in addition to any remedies available to them from the User and/or anyone acting on his behalf under any law, to full and immediate indemnification for all damages and expenses incurred as a result of the breach. This includes all legal expenses, both direct and consequential, arising from the breach.
Accessibility Statement
60. The Company is committed to ensuring that its Website is accessible to the widest possible audience, regardless of technology or ability. We strive to provide an inclusive and seamless online experience for everyone, in accordance with the Americans with Disabilities Act (ADA) and the Web Content Accessibility Guidelines (WCAG) 2.1 at the AA level. Our goal is to make the website perceivable, operable, and understandable for everyone.
61. The Company’s efforts include, among other things:
Designing and maintaining the Website to be compatible with assistive technologies;
Website includes features designed to improve accessibility, such as alternative text for images, resizable text, and navigational shortcuts;
Regular testing and updating of the Website to identify and address any issues that may arise and to improve the accessibility;
Conducting accessibility checks using recognized tools and methodologies.
Please note that despite the Company’s efforts, there may be instances where certain aspects of the Website do not comply with accessibility standards. The Company actively works to address these issues and appreciates the patience and feedback of all users.
62. Third-Party Providers. While the Company strives to ensure accessibility of its Website, there may be instances where third-party applications and/or integrations do not meet the accessibility standards. The Company is actively working with its third-party providers to address these issues.
63. If you encounter accessibility barriers or have suggestions for improvement while using the Website, it is recommended to contact the Company via email at [email protected]. Users feedback is essential as the Company strives to provide a user-friendly experience for all. The Company is committed to staying current with accessibility standards and will continue to make improvements to ensure the Website remains accessible to all users.
Frequently Asked Questions (FAQ)
64. The FAQ section is designed to provide users with comprehensive information about various aspects of Company’s services, policies, and more. It's essential to note that the FAQ section serves as an informational resource and is not a legal or official documentation.
65. While the FAQ section offers supplementary guidance, it does not replace the detailed terms and limitations outlined in the Terms of Use, Privacy Policy, or other official documents of the Company.
66. The Company may update or modify the content in the FAQ section to ensure accuracy and relevance. The Company reserves the right to make changes, additions, or removals from the FAQ section at any time without prior notice. It is the User's responsibility to regularly review the FAQ section for any changes.
67. If you have additional inquiries or specific questions not covered in the FAQ section, we recommend reaching out to our customer service team. You can contact us via email at [email protected] to receive assistance.
Accessibility Statement
68. The Company reserves the right to modify these Terms of Use at its sole discretion, without prior notification to the User or any other party. By using the Website and engaging with the Company, the User expressly consents in advance to any such modifications. Any changes made will be applicable and valid with respect to the User, his engagement with the Company, the Website, including but not limited to ordering and purchasing electronic product(s) and/or component(s) through it or the Company.
69. The Company reserves the right to alter and modify from time to time the format and/or structure of the Website, including temporarily suspending or permanently closing it, as required for maintenance. Such modifications will be made solely at the Company's discretion, without the necessity of providing prior notice to the User or any other party.
70. All matters in relation to accessing and using the Website, including but not limited to placing orders and/or purchasing electronic product(s) and/or component(s) from the Company, as well as any matters related to it and/or to the Terms of Use herein and the relationship between the User and the Company and/or its representatives, shall be governed exclusively by the laws of the State of Israel. Any legal dispute arising between the parties shall be brought before the competent court of Natanya only.
71. The Terms of Use constitute the comprehensive and definitive agreement between the User and the Company and/or its representatives concerning the Website, including but not limited to ordering and/or purchasing of electronic product(s) and/or component(s) through it, and all matters pertaining thereto. Any prior arrangements, representations, or understandings that may have existed before the User's acceptance of the Terms of Use and are not explicitly articulated herein are hereby nullified and rendered ineffective.
72. Should either party waive any right conferred upon them under the Terms of Use, such waiver shall not serve as a precedent for subsequent identical cases. The waiving party shall not be hindered from reinstating and exercising any right previously waived at any time.
73. No alteration, amendment, annulment, extension, addition, waiver, disapproval, relief, or release from the Terms of Use, whether in whole or in part, shall be valid unless explicitly executed in writing by the Company.