GENERAL TERMS & CONDITIONS DOKTERONLINE


Acceptance of general terms and conditions


By using our services as offered on the Website, you accept our Terms and Conditions (as defined below), including our Privacy Statement (as defined below). You explicitly instruct us to approach Pharmacies (as defined below) on your behalf and for your account and risk to deliver Products (as defined below) to you. You accept that by accepting these Terms and Conditions you are entering into an agreement directly with a Pharmacy, including any delivery terms of such Pharmacy. Furthermore, you accept the agreement of treatment with a Doctor (as defined below), in case of Consultation (as defined below). Reference is made to paragraph 'Parties, Relations & Agreements' in these Terms & Conditions.


You hereby represent and warrant that you have fully read and understood these Terms & Conditions without any impairment in judgement resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgement. You agree and confirm that the Terms & Conditions may be amended from time to time without prior notice to you. Please ensure that you periodically update yourself with the most recent version of the Terms & Conditions (as published on the Website).


Information or advice provided on the Website (as defined below) should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment. The Company, Dokteronline and other professionals who offer services through the Website accept no responsibility for any medical, legal or financial events or outcomes related to Services.

Definitions


In these Terms and Conditions the following definitions will be used:


  • 'Act of God': an act which occurs as a result of the direct, immediate, and exclusive operation of the forces of nature, uncontrolled and uninfluenced by the power of man, and without human intervention, and is of such a character that it could not have been prevented or escaped from by any amount of foresight or prudence, or by any reasonable degree of care or diligence.
  • 'Agreement': the agreement that is entered into by acceptance of the Terms & Conditions.
  • 'Carrier': reputable shipment and courier companies, such as but not limited to UPS / DHL / Royal Mail / Parcel Force / TNT.
  • 'Company': eMedvertise NV trading as Dokteronline, a company incorporated in Curaçao with registered number 108686 whose registered office is at Willemstad, Curaçao, Kingdom of the Netherlands, being the owner of this Website, providing the service as described in the services below within these General Terms &
    Conditions.
  • 'Consultation': medical consultation based on online Medical Questionnaires, telephone conversations, video consultation, secure messaging and photo assessment, where a Doctor determines, based on its medical assessment, if Patients are suitable for treatment and subsequently may issue a prescription that will be sent to a Pharmacy.
  • 'Content': all content such as text, information, images, and audio made available to you through Dokteronline.
  • 'Customer': any visitor of the Website that agrees to the Terms & Conditions and Requests Treatment.
  • 'Doctor': an independent medical doctor, licensed in the jurisdiction where he or she resides, who will review the Medical Questionnaire and makes a determination regarding whether or not to issue a prescription directly to you (if applicable).
  • 'Dokteronline' or 'Website': this website, https://www.dokteronline.com/se , including the Content and the Services.
  • 'Medical Questionnaire': Questions from a Doctor for the assessment of a medical anamnesis.
  • 'Password': a secret word or code.
  • 'Patient': a Customer that uses Consultation.
  • 'Pharmacy': an independent seller of Products, in case of prescription medicines, an independent licensed and registered EU-pharmacy, in case of non-prescription medicines this can be another provider.
  • 'Pharmacy's Terms and Conditions': the Pharmacy's terms and conditions that apply to the agreement between Pharmacy's and Customers (which will be provided to the Customer at the appropriate point in the purchase process, when applicable).
  • 'Privacy Statement': the statements below under the heading Privacy Statement.
  • 'Products': the Products mentioned on the Website and for which information is provided on the Website, either on prescription or not.
  • 'Referral': the instruction on behalf of and for the account and risk of a Customer, to approach Pharmacies to dispense Products to a Customer and/or the arranging of Consultation with a Doctor.
  • 'Services': informing on health, lifestyle, complaints, solutions and products and online service for consumers consisting of the entering into, in the name and for the account and risk of Customers, agreements with Pharmacies in relation to dispensing Products, and, as the case may be, the arranging of Consultation.
  • 'Serviced Languages': the languages indicated on the Website and intended for use by people resident in a country where any of these languages is the main spoken language.
  • 'Terms & Conditions': these general terms and conditions.
  • 'Treatment', 'Treatment Request', 'Request for Treatment', 'Requesting Treatment' and/or 'Request Treatment': the (request or requesting via the Website for) treatment with specific Products, offered, sold and delivered by a Pharmacy or any other service offered by the Company.

General description of services


1. The Services


Dokteronline.com is an informative website as well as online consumer service. Dokteronline.com does not offer Products themselves, but ensures safe, fast and discrete genuine products delivered by properly controlled Pharmacies. Dokteronline.com is not an online pharmacy or internet pharmacy, but a consumer service provider. The Website provides information on all kinds of health issues and mentions treatments (also with medicines). The mentioned Products are not offered by Dokteronline.com , but Dokteronline.com offers its Customers the opportunity to request a Treatment (possibly with medicines). The prices mentioned are the costs for the Products delivered and on behalf of and for the account and risk of a Customer, by an independent Pharmacy, and, if applicable, Consultation by a physician. In case a Customer requests a Treatment and instructs Dokteronline.com to arrange this, Dokteronline.com will seek a suitable Pharmacy (for example, based on product availability, distance to Customer and product price). Dokteronline.com does not cooperate with Pharmacies and is not affiliated with Pharmacies. With every Customer request, Dokteronline.com is free in her choice for a Pharmacy. Dokteronline.com also does not receive any commission from Pharmacies. Otherwise, this works the same: Pharmacies are free to accept Customers of Dokteronline.com and they do not receive a commission from Dokteronline.com. Dokteronline.com does not offer Products, but offers a (communication) service that requests Pharmacies on behalf of and for the account and risk of a Customer to sell and deliver certain Products to Customers. Prices of Products from Pharmacies are generally known in advance at Dokteronline.com and are not negotiated on behalf of Customers or Pharmacies. The price of Products including shipping costs is included in the price for the Service mentioned on the Website.


In case a Customer requests treatment with prescription medicines and instructs Dokteronline.com to arrange this, Dokteronline.com will seek a suitable Doctor (for example, based on availability). Dokteronline.com does not cooperate with Doctors and is not bound to certain Doctors. With every Customer request, Dokteronline.com is free in her choice for a Doctor. Dokteronline.com also does not receive a commission. Vice versa this works the same: Doctors are free to choose to provide Consultations to Customers of Dokteronline.com and they do not receive a commission from Dokteronline.com. The Doctor receives a normal fee of Dokteronline.com for a Consult, which fee is included in the price for the Service mentioned on the Website. The desired treatment will be passed on to a Doctor by Dokteronline.com on behalf of a Customer, but Dokteronline.com does not influence a Doctor's Consultation. The Doctor is completely independent and is in no way influenced by Dokteronline.com to prescribe certain medications.


The information from Dokteronline is provided for general informational purposes only and is not a substitute for professional medical advice (including but not limited to evaluation or care from your physician or other qualified healthcare provider). Nothing on the Website shall be used for treating or diagnosing a medical or health condition or for replacing any relationship with your physician or other qualified healthcare provider. The health information from Dokteronline and the interactive responses (if any) do not consist of professional medical advice. You acknowledge that we advise to consult other sources for confirmation of the received information and to consult your own physician or other qualified healthcare professional regarding your symptoms or medical condition. For medical concerns, including decisions about medications and other treatments, you acknowledge that we advise to always consult your physician or other qualified healthcare professional. If you have or suspect that you have a medical problem or condition, please contact a physician or other qualified healthcare provider immediately. In serious cases, seek immediate assistance from emergency personnel and immediately contact the emergency number in your country. You must never disregard medical advice or delay in seeking it because of something you have read on this Website (including but not limited to live chat, emails, phone support) and/or is provided by Doctors. You acknowledge that we advise that no medications, dietary supplements or treatments as may be described on this Website and/or from the Services must be taken or begun without you first consulting your physician or other qualified healthcare provider. Reliance on any information provided by this Website and/or provided by Doctors is solely at your own risk.


The Website does not prescribe medicines, nor diagnose medical conditions. You will not use the Website and/or information from the Website to treat medical conditions or medical emergencies, or to advise or resolve legal, medical or financial issues. All advice and/or information obtained directly or indirectly from the Website and/or provided by Doctors are provided and used at your own risk.


For health advice in particular, but not exclusively, before acting on any of the advice, we advise you to check that such action is applicable and suitable by referring to your physician or other qualified healthcare professional or attaining the second and third opinion of other medical practitioners. You recognize there are limitations associated with consultations or other services without physical examination, in person advice or onsite and extensive investigations. Neither Dokteronline nor any of its owners, managers, directors, employees, agents, partners, advertisers or affiliates assumes any legal responsibility for any incorrect, inaccurate, incomplete, or misleading information provided by the Website and/or from Consultation.

2. How it works 


When you visit our Website for the first time you have the option to register prior to using our services or immediately select one of our Services and register during the process. We offer multiple types of services, which are explained in "General description of our services" of this Terms and Conditions. Furthermore, on the Website you will find a menu called: "How it works" which explains how it works.


All our Medical Questionnaires have been carefully prepared by Doctors and are compliant with medical best practice. You cannot submit a Medical Questionnaire and receive medical treatment without first registering on the Website. By registering on the Website, you will create a secure online electronic patient record. Professional codes of conduct and legal restrictions may limit the permitted number and frequency of any Product supplied to you and, as such, there is no obligation to supply quantities exceeding the relevant permitted maximum and you will be charged only for those supplied. We reserve the right to reject any Treatment Requests.


Treatment Requests are accepted at our discretion and the discretion of the Doctors and Pharmacies, and we reserve the right to decline Treatment Requests without explanation. For certain products, there may be additional rules by law or for your own safety, which will be published on the Website.

3. How you should use our Services


By Requesting Treatment through the Website, you confirm that:


  • You are legally capable of entering into binding contracts;
  • You are at least 18 years old; if you are under the age of 18, your parents or guardian's consent is required to Request Treatment on this Website;
  • You are resident in a country where one of the Serviced Languages is the main language;
  • You enter into an agreement with a Pharmacy and accept their terms and conditions (which will be provided to the Customer at the appropriate point in the process, when applicable) as the rules governing your relationship with such Pharmacy;
  • The Products are for own personal use only; and you are accessing the Website in a language you understand / master, and be aware that you are yourself responsible if it is legal for the country you are resident in to use our Service.

You must use the Website and Services with care and in compliance with the below:


  • The provision of Consultation to you is conditional on you completing all questionnaires contained on the Website truthfully and honestly. You must reveal and disclose all relevant information truthfully to the best of your knowledge.
  • You are not allowed to register more than once.
  • Please do not register or complete questionnaires on behalf of anyone other than yourself, unless you have permission to do so from such individual and we receive express consent from such individual.
  • We cannot be and are not liable for any damages which results from:

    1. a failure by you to provide (and continuously maintain) complete, truthful and accurate information in your patient record and in all questionnaires you complete or any other information you provide to us;
    2. a failure of you to follow advice given on the Website or from your failure to pass on information given on the Website to your regular healthcare provider. 

    You acknowledge that the information provided on the Website does not replace your regular healthcare provider. You must tell your regular healthcare provider about treatment and medication supplied.


    All the information contained on the Website is in the languages indicated on the Website. You are solely responsible for ensuring that you understand the questions in the questionnaires that you complete on the Website. You must speak to your regular healthcare provider if you do not understand a question or are unsure how you should answer certain questions or you do not fully understand the advice or information given to you on our Website.


    If Products are prescribed and dispensed to you, you are responsible for checking that the Products are the correct Products prescribed by a Doctor and that such medicine is not damaged in any way. If in doubt, you must contact the Pharmacy to seek advice and/or replacement as required. Do not consume any Products that are not the Products prescribed or which are damaged on arrival.


    You must carefully read all product packaging and labels prior to use. If you purchase Products in advance of your need to consume these, please ensure you do not consume Products that are out of date.


    Please ensure that no one other than yourself has access to any Products that are made available to you.

    Parties, Relations & Agreements


    The sale and supply of Products is agreed herein between a Customer and a Pharmacy, irrespective who collects payment, and the terms and conditions of a Pharmacy (if any) - which will be provided to the Customer at the appropriate point in the request process, when applicable - will govern the relationship between the Pharmacy and a Customer (if any and if applicable).


    Dokteronline arranges Consultation, acting in its own name and on its own behalf. The Consultations are solely performed by Doctors, whose primary purpose of such services is the protection, maintenance or restoration of the health of the persons concerned. Although Dokteronline arranges the Consultation, it is the Doctor who is fully responsible for the services performed by Consultation. Arranging for Consultation is therefore merely an administrative act.


    These Terms and Conditions cover all Services and each of the Pharmacies and Doctors must comply with these Terms and Conditions. It is possible that under applicable national law the Pharmacies and Doctors are bound by rules of professional conduct and/or by law and that the provision of Consultation and/or the supply of Products may be governed (partly) by rules and laws in effect in which the Doctors and Pharmacies are located.


    E.g., delivery of Products by a Pharmacy in the UK is governed by English Law and will be deemed to have taken place in England and subject to the exclusive jurisdiction of the English courts. 

    Consultation


    If a Doctor determines, based on his medical assessment, that you are suitable for treatment, he may issue a prescription, which will be sent to a Pharmacy or - on your specific request - to you directly.


    To enable the Doctor to decide whether the Products you wish to be treated with may be prescribed to you without risk, it is crucial that you provide accurate and complete information in the Medical Questionnaire. Omitting any information requested could result in prescription of Products that may damage your health. To avoid damage to your health it is very important that you provide us with all medications you are currently taking, as requested on the Medical Questionnaire.


    If you are unable to complete the Medical Questionnaire, you agree not to Request Treatment. Instead, you should check with your regular doctor whether you are taking any medications or any combination of medications that would have contra-indications with the Product or whether there is anything in your medical history that would preclude you from using the Product without risk to your health.


    Products may have side effects. You should realize and understand that as a result of use of a Product, you may suffer adverse effects including but not limited the side effects indicated in the information leaflet provided with the Product packaging.


    You agree to notify your current doctor and/or pharmacist of your Treatment. You should realize and understand that no doctor, nurse, or administrative personnel can guarantee that the Treatment, even if prescribed, will provide the desired results.

    Price changes


    Dokteronline reserves the right to change prices for Treatment mentioned on the Website. Prices for Treatment at the time of a Treatment Request are valid throughout the process. At times where software or human errors for instance list Treatments with an obvious faulty price, Dokteronline reserves the rights to cancel the Treatment Request in which case notifications will be given. We will ensure that the prices for Treatment are clearly set out on our Website. There are no hidden charges.

    Change of Products & Information


    Because Dokteronline is not itself providing any Products, it reserves the right to change the Product availability on the Website and to remove items before a Treatment Request has been registered. We do our best to make sure that all of the Content, photos and product photos are correct. However, as we are only human, we reserve the right that unintentional errors may occur and neither we, nor a Pharmacy is liable for such unintentional errors. Colours on your computer screen are not always 100% accurate. You should always verify whether the Product shipped to you complies with your Treatment Request and Consultation before using it.

    Payment


    Prices for Treatment are stated in EURO only, however, a conversion tool is available on the Website. All payments must be made by creditcard, Ideal, direct debit or as indicated on the Website. What service is provided, and with who you will get into a (separate) sales agreement (as the case may be) and who will collect the money, will be indicated during the process on the Website, the Treatment Request confirmation and the invoice. Please read the general description of our services chapter of these Terms and Conditions for more information.


    In providing invoice and payment details, you confirm that you are authorised to use these details and authorise us, or our payment service provider, to take payment in full for the items in your Treatment Request and any associated delivery fees and any other charges that become due to us under these terms and conditions.

    Delivery arrangements


    The relevant Pharmacy will ship orders as soon as possible when received, paid for and approved by a Doctor (for medicinal products). Any delivery times quoted are estimates, based on availability and normal delivery time. Please note that there are some Products that are not shipped to certain destinations, which will be indicated on the Website. Due to FDA regulations, Dokteronline does not offer any service to the USA.


    If you choose for delivery, you accept that you will have an agreement with the Carrier of your choice (if any). All Products will be delivered by the Pharmacy and in the country of establishment of the Pharmacy. All Products are shipped on behalf of, and at the risk of, the Customer. The Customer indemnifies Dokteronline (as well as the Doctors and Pharmacies) for any and all legal action which might be brought against the Customer, in case of not acting in accordance with the regulations and importation laws applied by the government of the country of destination. You are responsible for all customs, taxes and tariffs, applicable in your country. You confirm that all Products are for personal use only.


    You hereby appoint the Carrier as your agent and proxy to transport the Products from the location of registered seat of the Pharmacy. Upon delivery of the Pharmacy to the Carrier, the Pharmacy shall be deemed to have completed its obligations under its agreement(s) and all risk and title to the Products will pass to you.

    Cancellation & Returns


    Since medicinal products are perishable and of a personal nature – e.g. because they have been prescribed to you - and to avoid the risk of any tampering with Products, the Pharmacy cannot accept any returns of Products except in the case of defective or damaged Products, or if the wrong Product has been delivered to you.


    If the Product delivered to you is defective or damaged or if the wrong Product has been delivered to you, you may either:



    1. Cancel your Treatment Request and return the Product to the Pharmacy within 7 business days from receipt, and receive a refund within 30 days of receipt by the Pharmacy; or
    2. Request the Pharmacy to replace the Product.

    The Pharmacy will refund the costs of returning defective, damaged or wrongly supplied Products. In the event of the occurrence of any of the foregoing, the sole obligations of the Pharmacy shall be those set forth in 1) and 2) above. Return address and instructions are included with your e-mail confirmation.


    For Products that do not require a prescription, you have the right to cancel your Treatment Request within fourteen (14) calendar days of receipt. In relation to Treatment Request with multiple Products, this will be within fourteen (14) calendar days of delivery of the last Products. This right does not apply to prescription products. However, you will be liable for costs relating to the service(s) already provided. To cancel your Treatment Request and apply for a refund or in relation to any concerns regarding a damaged/faulty Product, contact Dokteronline through its contact page on the Website. Return of a Product will be at your own expense unless damaged or faulty. All refunds will be processed within seven (7) business days as of Dokteronline agreeing to the refund but may take up to seven (7) business days to appear on your bank or card statement.

    Indemnification


    The Website's Content is merely intended as a source of general information and is not intended to be diagnostic or therapeutic advice or otherwise a substitute for medical advice. DOKTERONLINE (as well as the Doctors and Pharmacies) is not liable for the effectiveness of the products, the content of the text on the patient information provided by the product manufacturers, information texts, descriptions of treatment methods and other descriptions on the website, nor can any guarantees be given in that respect. We do not give legal or medical advice, nor do we provide medical or diagnostic services. Your reliance upon Content obtained by you at or through the Website is solely at your own risk.


    Dokteronline (as well as the Doctors and Pharmacies) cannot be held liable for the accuracy of the diagnosis, treatment or medication prescribed or the correct use of the Products. If in delivering our Services to you we fail to comply with these Terms and Conditions, we shall only be liable to you for the amount up to the amount of our services.


    To the extent permitted by law, Dokteronline, other members of our group of companies and third parties connected to us hereby expressly exclude:


    • all conditions, warranties and other terms which might otherwise be implied by statute or law;
    • any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website and Services, any websites linked to it and any materials posted on it, including, without limitation any liability for:
      • loss of income or revenue;
      • loss of business;
      • loss of profits or contracts;
      • loss of anticipated savings;
      • loss of data;
      • loss of goodwill;
      • wasted management or office time; and
      • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 

    By making use of this Website, you declare that you do so at your own risk and accept that all responsibility in connection with the use of this Website rests with you. You are responsible for taking all precautions you believe necessary or advisable to protect you against any damage, loss or hazard that may arise by virtue of your use of this Website. You agree to defend, indemnify and hold us (as well as the Doctors and Pharmacies) harmless against any losses, expenses, costs or damages (including reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to:



    1. your breach of these Terms & Conditions;
    2. your unauthorized or unlawful use of the Website;
    3. any misrepresentation made by you in connection with your use of the Website;
    4. the unauthorized or unlawful use of the Website by any other person using your Password; and/or
    5. claims brought by persons or entities other than the parties to this Agreement arising from or related to your use of the Website, including the information obtained through the Website.

    Complaints


    Should you have a complaint with the Service or Product supplied please contact Dokteronline Customer Service at: Contact form


    Dokteronline intends to:


    • acknowledge complaints as soon as possible;
    • advise you how long it will take to resolve the complaint; and
    • keep you informed throughout the process.

    Trademarks and copyright


    All Content, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of Dokteronline or its content suppliers and protected by international copyright laws. The Content, including codes and software, or any portion of it may not be modified, reproduced, republished, duplicated, copied, sold, resold, visited, uploaded, posted, transmitted, publicly displayed, prepare derivative works based on it or otherwise exploited for any commercial purpose without the expressed written consent of the Company.


    Any Content you download or print may not be altered in any way and must contain all copyright and proprietary rights notices that were contained in such Content. Any framing of the Website is prohibited. Any unauthorized or unapproved use of any of the content constitutes copyright infringement and subjects you to all civil and criminal penalties provided for under domestic and international copyright laws.

    Viruses, hacking and other offences


    You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. By breaching this clause, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.


    We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any Website linked to it.

    Children's policy


    If you are under 18, you may use our Website only with the involvement of a parent or guardian.


    Legal


    The laws of Curaçao will govern this agreement and you agree to submit to the jurisdiction of the Curaçao courts. Klarna Check Out purchases will, however, be governed by UK Law.


    Entire Agreement


    This Agreement contains the entire agreement between you and Dokteronline relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. We reserve the right to make changes to this Agreement at any time without prior notice. We agree to post all amended forms of this Agreement on the Website and such amended forms shall be effective immediately upon its posting. It is at all times your responsibility to read the most current form of this Agreement before using the Website to ensure that you agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable. Any use by you of the Website after receipt of notice of amendment to this Agreement shall constitute your agreement to be bound by the terms of the amendment.


    Termination


    Your right to access and use the Website immediately terminates without further notice upon your breach of these Terms & Conditions. We may terminate this Agreement or parts thereof and/or your right to use the Website at any time, with or without cause. We reserve the right to discontinue or make changes to the Website at any time.


    All rights stipulated for the benefit of Dokteronline in these Terms and Conditions are equally stipulated for the benefit of any agents, intermediaries or third parties used by Dokteronline for performance of its obligations under these Terms and Conditions.


    Assignment and waiver


    Dokteronline may assign this Agreement, in whole or in part, in our sole discretion. You may not assign your rights under this Agreement without the prior written permission of Dokteronline. You hereby acknowledge and agree that this is personally based upon the requirements of your medical condition as set forth in the Medical Questionnaire, and you agree that you will not dispense, sell or in any way distribute the Products to any third parties. Any attempt by you to assign your rights under this Agreement without our permission shall be void. The waiver by Dokteronline of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.


    Severability


    If for any reason a court of competent jurisdiction finds any provision of the Agreement, or any portion thereof, to be unenforceable, that provision of the Agreement shall be maintained to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall be severable, valid, and in effect as if such unenforceable provision were not a part thereof.


    General


    Except for the obligation to pay monies, neither you or Dokteronline shall be liable in any manner for failure or delay in fulfilment of all or part of this Agreement directly or indirectly owing to any causes or circumstances beyond its reasonable control, including, but not limited to, Acts of God.


    Paragraph Headings


    Paragraph headings are for assistance only and shall not be deemed to be part of this Agreement or construed as varying, modifying, or altering the terms or conditions thereof.