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Agreement between user and www.hearingdirect.com
Welcome to www.hearingdirect.com. The www.hearingdirect.com website (the "Site") is comprised of various web pages operated by Hearing Direct Ltd ("HearingDirect"). www.hearingdirect.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.hearingdirect.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.hearingdirect.com is an E-commerce site retailing products and services for the hard of hearing community.
Visiting www.hearingdirect.com or sending emails to HearingDirect constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that HearingDirect is not responsible for third party access to your account that results from theft or misappropriation of your account. HearingDirect and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
HearingDirect does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.hearingdirect.com only with permission of a parent or guardian.
Our no quibble, 30-day, money back guarantee policy is exactly that - if you don't like, or you're unhappy with any item you have bought from HearingDirect.com, you can return it to us up to 30 days after it has been dispatched, for replacement or full product refund. If you wish to return goods after 30 days of shipping then you should first contact our customer care department to see whether a return is appropriate. To return goods you need to contact us to obtain a Return Authorisation Number (RAN). You can request one by emailing email@example.com or calling us on 1-800-805-694. The RAN should be quoted on an accompanying letter to explain the reason for return and ideally a copy of the original invoice. We recommend you obtain proof of delivery when returning any item to us. You will be notified by email or in writing when your returned Goods have been received by us.
Links to third party sites/Third party services
www.hearingdirect.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of HearingDirect and HearingDirect is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HearingDirect is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HearingDirect of the site or any association with its operators.
Certain services made available via www.hearingdirect.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.hearingdirect.com domain, you hereby acknowledge and consent that HearingDirect may share such information and data with any third party with whom HearingDirect has a contractual relationship to provide the requested product, service or functionality on behalf of www.hearingdirect.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of HearingDirect or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. HearingDirect content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of HearingDirect and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of HearingDirect or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by HearingDirect from our offices within the UK. If you access the Service from a location outside Australia, you are responsible for compliance with all local laws. You agree that you will not use the HearingDirect Content accessed through www.hearingdirect.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless HearingDirect, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. HearingDirect reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HearingDirect in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HEARING DIRECT LTD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HEARING DIRECT LTD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HEARING DIRECT LTD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Opt out procedures
By making a purchase on www.hearingdirect.com or requesting information, you elect to opt in to our customer contact and incentive program, by which you will receive occasional emails regarding warranty tracking and confirmation, customer follow-up, product and accessory sales, discounts, and newsletters. Although most of our customers tell us that they look forward to receiving these offers, we recognize your right to discontinue this service. To elect not to receive future email communications, send an email to firstname.lastname@example.org.
HearingDirect reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the United Kingdom of Great Britain and you hereby consent to the exclusive jurisdiction and venue of courts in United Kingdom of Great Britain in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HearingDirect as a result of this agreement or use of the Site. HearingDirect's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HearingDirect's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by HearingDirect with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HearingDirect with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HearingDirect with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Conditions of purchase
By making a purchase of a hearing aid on the website, you are agreeing that:
1) Your hearing loss has been medically evaluated and you have been considered a candidate for a hearing instrument. The medical evaluation must have taken place within the 6 months immediately preceding today’s date, OR
2) You are at least 18 years of age, or older, and you agree to waive the medical evaluation. The exercise of a waiver is not in your best health interest. By making a purchase, you are agreeing to the following statement:
"I have been advised by Hearing Direct Ltd. that my best interest would be served if I had a medical evaluation by a licensed physician, preferably a physician who specialized in diseases of the ear, before purchasing a hearing instrument; or a test by a licensed audiologist or licensed hearing instrument dispenser utilizing established procedures and instrumentation in the fitting of hearing instruments. I do not wish either a medical evaluation or test before purchasing a hearing instrument."
You, the buyer, may cancel this transaction at any time prior to midnight of the 45th day after the date of this transaction. See the Notice of Cancellation form for an explanation of this right.
"NOTICE OF CANCELLATION”
enter date of transaction
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN 45 DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller), AT (address of seller's place of business) AND (seller's telephone number) NO LATER THAN MIDNIGHT OF ............. (date).
I HEREBY CANCEL THIS TRANSACTION.
(Date)........................................ (Buyer’s Signature)"
You may need the following for proper fitting of a hearing instrument:
a. The results of an audiogram performed within the past 6 months by a licensed audiologist or a licensed hearing instrument dispenser; and
b. An earmold impression obtained from the prospective user and taken by a licensed hearing instrument dispenser .
Changes to Terms
HearingDirect reserves the right, in its sole discretion, to change the Terms under which www.hearingdirect.com is offered. The most current version of the Terms will supersede all previous versions. HearingDirect encourages you to periodically review the Terms to stay informed of our updates.
HearingDirect welcomes your questions or comments regarding the Terms:
Hearing Direct Ltd
Unit 4 Nine Mile Water Business Park
Stockbridge, SO20 8DR
Hearing Direct Ltd. is a company registered in England and Wales with the Company Number: 06967190, and VAT registration number: 980063621.
Registered office: 5th Floor, 89 New Bond Street, London, W1S 1DA
Trading office:Hearing Direct Ltd, Unit 4 Nine Mile Water, Nether Wallop, Stockbridge, Hampshire, SO20 8DR
Effective as of May 26, 2016
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