THESE TERMS AND CONDITIONS (“TERMS”) APPLY TO THE SALE AND DELIVERY OF MEDICAL CONSULTATIONS AND PRESCRIPTION MEDICATIONS THROUGH THE WEBSITE WWW.HOMINGO.COM
Acceptance of general terms and conditions
BY CLICKING “CONFIRM ORDER”, YOU ARE AGREEING TO THESE TERMS. THESE TERMS CREATE A CONTRACT BETWEEN YOU AND AJPHARM LIMITED, AJPHARM LIMITED, COMPANY NUMBER 06999357 AND REGISTERED OFFICE AT GROSVENOR HOUSE, 160 GILLETT ROAD, THORNTON HEALTH, CR7 8SN, UNITED KINGDOM (“PHARMACY”).
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, Homingo and other professionals who offer services through the Website accept no responsibility for any medical, legal or financial events or outcomes related to Services.
In these Terms and Conditions the following definitions will be used:
'Account': your personal profile storing all related data, questionnaire answers, personal information and payment details.
‘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’: Homingo ltd. trading as Homingo, a company incorporated in ADDRESS, 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 Homingo.
‘Customer’: any visitor of the Website that agrees to the Terms & Conditions and Requests Treatment / Consultation.
‘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).
‘Homingo’ or ‘Website’: this website, https://www.homingo.com/, 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 UK 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 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’ or 'Prescription Product': 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.
'Subscription': the arrangement between you the Customer and Homingo to receive the Products on a regular basis by paying in advance.
‘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.
Who we are, what we do and contacting us
We are Homingo OÜ, based in Ahtri tn 12, Tallinn, 10151, Estonia, company registry code 16159760.
We offer a platform where you can
- Obtain a Consultation;
- Purchase, on a monthly subscription basis ('Subscription'), Prescription Products, if any, that have been prescribed to you based on your Consultation; and
- Purchase other Non-Prescription Products made available on the Website from time to time.
We are a platform provider to help facilitate transactions that are carried out on the Website. We are neither the buyer nor the seller of the Consultations or the Prescription Products. The Consultations and Prescription Products are sold by Pharmacy on the Pharmacy Terms.
1. The Services
Homingo.com is an informative website as well as online consumer service. Homingo.com does not offer Products themselves, but ensures safe, fast and discrete genuine products delivered by properly controlled Pharmacies. Homingo.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 Homingo.com, but Homingo.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 Homingo.com to arrange this, Homingo.com will forward the Customer’s answers to the Pharmacy. The Pharmacies are free to accept Customers of Homingo.com and they do not receive a commission from Homingo.com. Homingo.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 Homingo.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 Homingo.com to arrange this, the Pharmacy provides a suitable Doctor (for example, based on availability). Homingo.com does not cooperate with Doctors and is not bound to certain Doctors. Doctors, like Pharmacies, are free to choose to provide Consultations to Customers of Homingo.com and they do not receive a commission from Homingo.com. Homingo.com does not influence a Doctor’s Consultation. The Doctor is completely independent and is in no way influenced by Homingo.com to prescribe certain medications.
The information from Homingo 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 Homingo and the interactive responses (if any) do not consist of professional medical advice. You acknowledge that we advise you 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 Homingo 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 start an online consultation questionnaire. 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 the Pharmacy and are compliant with medical best practice. 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. Your Subscription, cancelling and renewing
a. Your Subscription will continue on a month to month basis until you cancel it. We will take payment using the payment details in your Account on the same date each month, starting from the date that your Prescription is issued.
b. You may cancel or pause your Subscription at any time during your Subscription. If you cancel or pause your membership within 72 hours of your monthly billing date, we will still take payment for your next month's Subscription. Your Subscription shall continue until the end of that month before being cancelled or paused.
c. If you have cancelled your Subscription, you may not place a new order for the same Prescription Product within the same monthly Subscription period and must wait until the next monthly billing date has passed.
d. From time to time we may contact you to verify that the information we have on file about your health and medication is still current and accurate and to ask you to notify us of any changes where it isn't. In order to keep your Subscription active you must respond to any such request within the time period set out in the request.
e. In order to keep your Subscription active and continue to receive Prescription Products, you must renew your Prescription every six months from the date of the Prescription. To renew your Prescription, you must complete a new Consultation. You will receive an email notifying you when you need to renew your Prescription.
f. We may terminate or pause your Subscription if:
I. You have not renewed your Prescription in accordance with these Service Terms within six months of the when your Prescription was issued;
II. Your payment details or contact details are out of date/expired;
III. You have not confirmed that the information we have on file about your health and medication is still accurate (or updated your details if there has been a change) within the requested time period;
IV. Your Account has been terminated or suspended (as set out below);
V. The requested Prescription Product is unavailable/out of stock;
VI. We cannot authorise your payment for any reason; or
VII. There has been a mistake on the pricing or the description of the Services.
4. How you should use our Services
By Requesting Treatment through the Website, you confirm that:
a. You are legally capable of entering into binding contracts;
b. 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;
c. You are resident in a country within the European Union or the United Kingdom;
d. 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;
e. The Products are for your own personal use only; and you are accessing the Website in a language you understand / master, and are 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:
f. The provision of Consultation to you is conditional on you completing all questionnaires contained on the Website truthfully and honestly.
g. You must reveal and disclose all relevant information truthfully to the best of your knowledge.
h. 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 an individual and we receive express consent from them.
We cannot be and are not liable for any damages which results from:
i. 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;
j. 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.
a. All prices set out on the Website are exclusive of all potential taxes payable in your country of residence. The price of the Consultations and Products will be the price indicated on the page displaying your order when you clicked “Confirm Order”. We take all reasonable care to ensure that the prices displayed are correct.
b. You may pay for Consultations and Products:
I. using your credit or debit card as indicated on the Website; or
II. using such e-wallets or e-money as are accepted on the Website from time to time.
c. You have to enter your chosen payment method and details when you open your Account. By completing your payment details, you confirm that the payment method being used belongs to you.
d. All payments are subject to the approval of the financial institution issuing your credit/debit card and credit verification or the provider of e-money or an e-wallet, and we will not be responsible if the payment fails credit verification or if such financial institution or provider refuses to accept or honour the payment for any reason. We may also report any suspicious transactions to the relevant authorities. We may decline to accept or take any payment without giving any reason. Please note that it can take 2 to 3 days (excluding weekends and bank holidays) to process your payment. We will tell you if we incur any issues obtaining approval for the payment. This may cause a delay in delivering the Products to you and we will not be able to process your payment and deliver the Consultation or any Products until we have received authorisation.
e. The payments you make include our fee for the Services and the price of the Consultations and Products and we will collect the relevant payment on behalf of Pharmacy.
6. Price Changes
Homingo 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, Homingo 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.
7. 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).
Homingo arranges Consultation, acting in its own name and on its own behalf. The Consultations are solely performed by the Pharmacy and their Doctors, whose primary purpose of such services is the protection, maintenance or restoration of the health of the persons concerned. Although Homingo arranges the Consultation, it is the Pharmacy 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.
If the Pharmacy and their Doctors determine, based on their medical assessment, that you are suitable for treatment, they may issue a prescription, which will be sent on your specific request to you directly or to the address that you provided in the questionnaire.
To enable the Pharmacy 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.
9. Change of Products & Information
Because Homingo 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.
10. Delivery arrangements
Delivery of the Prescription Products will only take place if your Prescription is approved and once the Subscription payment for that month has been processed. The delivery of the Prescription Products is governed by the Pharmacy Terms.
All Products will be delivered by the Pharmacy. All Products are shipped on behalf of, and at the risk of, the Customer. The Customer indemnifies Homingo (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.
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. Homingo (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.
Homingo (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, Homingo, other members of our group of companies and third parties connected to us hereby expressly exclude:
a. all conditions, warranties and other terms which might otherwise be implied by statute or law;
b. 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:
I. loss of income or revenue;
II. loss of business;
III. loss of profits or contracts;
IV. loss of anticipated savings;
V. loss of data;
VI. loss of goodwill;
VII. wasted management or office time; and
VIII. 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.
12. Your responsibility
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:
a. your breach of these Terms & Conditions;
b. your unauthorized or unlawful use of the Website;
c. any misrepresentation made by you in connection with your use of the Website;
d. the unauthorized or unlawful use of the Website by any other person using your Password; and/or
e. 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.
Should you have a complaint with the Service or Product supplied please contact Homingo Customer Service at: firstname.lastname@example.org.
Homingo intends to:
a. acknowledge complaints as soon as possible;
b. advise you how long it will take to resolve the complaint; and
c. keep you informed throughout the process.
14. 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 Homingo 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.
15. 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 cooperate 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.
16. Children’s policy
If you are under 18, you may use our Website only with the involvement of a parent or guardian and are not eligible for consultation.
The laws of Estonia will govern this agreement and you agree to submit to the jurisdiction of the Estonian courts. Stripe Check Out purchases will, however, be governed by UK Law.
18. Entire Agreement
This Agreement contains the entire agreement between you and Homingo 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.
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 Homingo in these Terms and Conditions are equally stipulated for the benefit of any agents, intermediaries or third parties used by Homingo for performance of its obligations under these Terms and Conditions.
20. Assignment and waiver
Homingo may assign this Agreement, in whole or in part, at our sole discretion. You may not assign your rights under this Agreement without the prior written permission of Homingo. 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 Homingo 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.
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.
Except for the obligation to pay monies, neither you or Homingo 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.
23. 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.
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