Terms and Conditions
ONLINE HEARING CARE LIMITED (“OHC”)
TERMS AND CONDITIONS OF OHC SERVICES AND FOR THE LOAN OF EQUIPMENT FOR ONLINE HEARING CARE ADVANCE HEARING TEST
Online Hearing Care Limited is a UK company with registered number Company number 12883981 and with registered offices at 2 Trust Court Vision Park, Chivers Way, Histon, Cambridgeshire, England, CB24 9PW and website at www.onlinehearingcare.co.uk. These terms govern the use of our services and equipment which are accessed through our App or at www.https://onlinehearingcare,co.uk (the “Service”). This Service is maintained and operated by Online Hearing Care Ltd (“OHC”) and referred to in these terms as “us, we, or our”).
YOUR ACCESS TO OUR SERVICES, USE AND PURCHASE OF PRODUCTS (“SERVICES”) FROM ONLINE HEARING CARE (“OHC”) ARE SUBJECT TO THESE TERMS AND CONDITIONS (THE “TERMS OF SERVICE”) AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE SERVICES AND BY REQUESTING, ACCEPTING AND USING OUR HEARING EQUIPMENT AND IN THE PURCHASE OF ANY PRODUCTS FROM OHC, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF SERVICE SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SERVICE OR ORDER ANY PRODUCTS FROM OHC.
These Terms of Service are subject to updates and change by OHC without prior written notice at any time. The latest version of these Terms of Service will be posted on this Service and available through our website of the App, and you should review these Terms of Service prior to using the Service or purchasing any product or service that is available through the Service. Your continued use of this Service after a posted change in these Terms of Service will constitute your acceptance of and agreement to such changes.
This Service is not designed to provide professional medical diagnosis or treatment to you or any other individual. Our Service is limited to general hearing checks and improvement. Through this Service and links to other web sites, OHC provides general hearing information for educational and informative purposes only and is not a healthcare provider. Your hearing loss may be due to other medical problems and if in doubt you should see your doctor for a detailed medical examination of your hearing. The information provided on this Service (including under the “Do I Need A Hearing Hearing Products” section and in any doctor testimonials), or through links to other web sites, or by employees, agents or representatives of OHC, by chat, email, telephone, in person or through any other form of communication, is not a substitute for medical advice, and you should not use the information in place of a visit, call, consultation or the advice of your physician or other healthcare provider. OHC is not liable or responsible for any advice, course of treatment, diagnosis or any other information or product you obtain through this Service. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL 999 or 111 OR YOUR DOCTOR. Never rely on information on this Service in place of seeking professional medical advice. Never disregard professional medical advice or delay in seeking it because of something you have read on this Service. You should also ask your doctor to assist you in interpreting any information on this Service or on any linked web sites, or in applying the information to your individual case. Medical information changes constantly. Therefore the information on this Service or on any linked web sites should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. Reliance on any information provided on this Service is solely at your own risk.
The Service provides you with the ability to submit orders for products and services (“Order(s)”) and you may be asked to supply certain information relevant to your Order including, your credit card or debit card number and expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT CARD(S) OR BANK ACCOUNTS OR OTHER PAYMENT METHOD(S) USED BY YOU IN CONNECTION WITH ANY TRANSACTION, AND THAT ALL INFORMATION PROVIDED IN ANY FINANCING APPLICATION IS TRUTHFUL AND CORRECT. By submitting such information, you grant to OHC the right to provide such information to third parties for purposes of facilitating the completion of Orders initiated by you or on your behalf. We may require verification of information prior to the acknowledgment or completion of any Order. It is your responsibility to ascertain and comply with all applicable laws with regard to the receipt, possession, use, and sale of any item purchased from our Service. OHC reserves the right, at its sole discretion, to refuse or cancel any Order for any reason. An Order may not be fulfilled if you are located outside the Service’s authorised shipping area. Excluded territories may change at any time at OHC’s discretion.
You agree to pay all charges that may be incurred by you or on your behalf in connection with all Orders placed through the Service, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you are responsible for any applicable taxes in connection with your Order.
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will be responsible for payment of all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
We describe our merchandise and include pictures and photographs on our Services, but sometimes the product varies slightly from the picture or description due to changes made by our manufacturers, and we are not liable for these non-material changes. All descriptions, images, references, content, specifications, products, and prices of products described or depicted on the Service are subject to change at any time without notice. The inclusion of any products on this Service at a particular time does not guarantee that such products will be available.
If you fail to return to OHC any OHC Hearing Assessment Box or associated equipment which has been provided to you or where the OHC Hearing Assessment Box has been damaged or misused, or not returned properly packaged, then OHC reserves the right to charge you for the full replacement or repair value of the OHC Hearing Assessment Box, and to deduct this amount from your credit or debit card or payment method or to retain any deposit which was paid by you or to issue an invoice and seek full payment of the value of the OHC Hearing Assessment Box valued at £3,400 GBP together with any costs of recovery and costs of enforcement or charges in recovery of any repair/the replacement charge by OHC.
The Service may include inaccuracies or errors including pricing errors. OHC reserves the right to correct any pricing errors on the Service and/or pending Orders made under an incorrect price. In such event, if available, OHC will offer you the opportunity to keep your pending Order at the correct price or OHC will cancel your Order without penalty.
To place an Order, you must be over 18 years old, and entitled to purchase a hearing aid Hearing Products.
You may not, under any circumstances, resell any products you purchase from or through OHC, whether or not you purchased the products through the Service. You represent and warrant that you are buying products from the Services for your own personal use only, and not for resale or export.
If you are not satisfied with hearing aid products or associated equipment obtained through OHC (the “Hearing Products”), you have the option of returning the Hearing Products within sixty (60) days after delivery. As long as the Hearing Products is in its original condition and has not been damaged or modified (including repaired without our prior written consent) in any way, we will credit back the purchase price to the account used at the time of purchase, less any expedited shipping costs. If the Hearing Products returned to us is damaged in any way, you will not receive a refund. Refunds are processed within approximately fourteen (14) business days of our receipt of your Hearing Products. Your refund will be credited back to the same payment method used to make the original purchase on the Service. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
POST AND PACKING FOR THE RETURN OF PRODUCTS IS YOU (THE CUSTOMERS’) RESPONSIBILITY AND ALL PRODUCTS SHOULD BE SENT TO OHC BY RECORDED DELIVERY AND INSURED. OHC TAKES NO RESPONSIBILITY FOR POST AND DELIVERY, AND PRODUCTS ARE AT YOUR RISK UNTIL RECEIVED BY OHC AT IT’S NOMINATED ADDRESS.
WARRANTY & REPAIR POLICY
Products are subject to the Manufacturer’s warranty.
Right to Return
OHC grants you a sixty (60) day period valid from the date you receive the Hearing Products. Within this 60-day period, you can return your Hearing Products and you will be refunded your total payment, less any expedited shipping if any. Hearing Products need to be postmarked for return to OHC within 60 days of initial delivery.
OHC offers you a limited warranty based on the manufacturers terms and guarantee valid starting from the date of delivery on all products purchased OHC. Warranty may vary depending on the products.
What your warranty policy covers…
This limited warranty covers defects in material and workmanship in products supplied by OHC, which includes the Hearing Products, internal components, and any charger, cord and plug within the limited warranty period. This warranty is backed off against the manufacturer’s warranty.
What you get with your repair
For valid repairs, OHC agrees that you will receive functionality at least equivalent to the original Hearing Products. At the discretion of OHC, Hearing Products may be replaced by new products or products manufactured from new or serviceable used parts or repaired using new or refurbished replacement parts.
Exclusions from warranty repair coverage
- Hearing Products purchased from anyone other than OHC are not covered by this or any other OHC warranty.
- Damage from improper handling or care, exposure to chemicals, immersion in water or undue stress.
- Damage caused by third parties or non-authorized service centres are excluded from this repair policy
Number of repairs
Unlimited during warranty period for repairs covered by warranty terms.
How to submit request for repair
Please contact us at firstname.lastname@example.org and we will be happy to assist.
LOAN, USE AND RETURN OF THE OHC Hearing Assessment Box
Online Hearing Care will provide its customers with a loan of its professional Hearing Assessment Box (“OHC Hearing Assessment Box”) for optimal hearing results. The Hearing Assessment Box is an easy to use, fifteen minute test with simple on-screen instructions, full frequency hearing assessment, ear drum health examination via camera. The equipment is delivered to your door and will provide clinic standard hearing accuracy
The OHC Hearing Assessment Box is provided on loan to you subject to the following terms:
All rights, title and interest in and to the OHC Hearing Assessment Box remain with Online Hearing Care Ltd. The OHC Hearing Assessment Box remains the property of OHC and is only to be used directly by you for hearing evaluation purposes only and may not be loaned out to any other person, transferred or sub-licensed in any form to any third party or put into commercial use or production. All rights in the hardware and software incorporated into the OHC Hearing Assessment Box remain with Online Hearing Care Ltd or its licensors. You may not modify, enhance, supplement, adapt, disassemble or otherwise tamper with the OHC Hearing Assessment Box in any way and must be used only in accordance with the operating instructions provided by OHC.
YOU MUST FOLLOW AND COMPLY WITH ALL USER INSTRUCTIONS FOR USE OF THE OHC HEARING ASSESSMENT BOX AND THE OTOSCOPE (EAR CAMERA) MUST ONLY BE INSERTED INTO THE AIR CANAL IN CONJUNCTION WITH THE OTOSCOPE SPECULA (BLACK CONE) PROVIDED AND YOU MUST FOLLOW ALL INSTRUCTIONS ON THE WEBSITE, ON THE LEAFLET PROVIDED IN THE BOX AND FOLLOW THE INSTRUCTION VIDEO WHICH IS PROVIDED. IF YOU HAVE ANY QUESTIONS CONCERNING USE PLEASE CONTACT ONLINE HEARING CARE AT email@example.com. ONLINE HEARING CARE CANNOT BE LIABLE OR RESPONSIBLE FOR ANY INJURY OR DAMAGED CAUSED BY YOUR FAILURE TO PROPERLY USE THE OHC HEARING ASSESSMENT BOX OR DUE TO YOUR FAILURE TO PROPERLY COMPLY WITH INSTRUCTIONS FOR USE.
You must return the OHC Hearing Assessment Box including any related equipment, documentation properly packaged in its case and in the same way that the OHC Hearing Assessment Box was delivered to you. If you fail to return the OHC Hearing Assessment Box within the agreed test period, or if the OHC Hearing Assessment Box is returned damaged or incomplete, or where the OHC Hearing Assessment Box has been misused and required additional repair or cleaning, OHC reserves the right to invoice You for the full value of the OHC Hearing Assessment Box which is valued at £3,400 (three thousand four hundred GBP).
The Hearing Assessment Box will be delivered and collected free of charge on a day agreed with you. The OHC courier will contact you in advance to confirm the two hour time window for delivery and collection. You must make every effort to be at your designated delivery/collection address for the delivery and collection at the agreed time. In the event of a failed delivery or collection you will be liable for the additional delivery or collection costs incurred.
You are responsible if the OHC Hearing Assessment Box is returned in a condition or damaged above and beyond what would be deemed as normal wear and tear. It is Your responsibility to return to OHC the OHC Hearing Assessment Box in its original condition and using the case and packaging provided when you received the test equipment. If the OHC Hearing Assessment Box is not returned to OHC’s return address within the agreed timescales for return, OHC reserves the right to charge you for the costs associated with any late delivery or for the full value of the equipment where the OHC Hearing Assessment Box is not returned within the required timescales or within a reasonable period of time.
Online Hearing Care will deliver the OHC Hearing Assessment Box to your designated address. The method of despatch of all equipment shall be at OHC’s discretion. If the OHC Hearing Assessment Box is faulty or damaged when received by you, you must inform OHC within twenty four (24) hours of the equipment being received by you. OHC will arrange for collection of the OHC Hearing Assessment Box on a date agreed with you in advance.
AUTHORISED USE OF SERVICE
This Service is provided for your personal use only. This Service is not intended for persons under the age of 18.
UNAUTHORISED USE OF SERVICE
You may not use spiders, robots, data mining techniques or other automated Hearing Products or programs to catalog, download or otherwise reproduce, store or distribute content available on the OHC Service. Further, you may not use any such automated means to manipulate the Service, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Service or any other user’s use of the Service, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Service, circumventing security or user authentication measures or attempting to exceed the limited authorisation and access granted to you under these Terms of Service. You may not frame portions of the Service within another web site. You may not resell use of, or access to, the Service to any third party without our prior written consent.
REGISTRATION AND PASSWORDS
OHC is the owner of or otherwise licensed to provide the Equipment and the Services, including all software, hardware, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Equipment or parts of the Service belong to third parties where OHC is a licensed or authorised user and re-seller to use, loan and provide such services and all rights are reserved. These Terms of Service permit you to use the Services and Equipment for your personal, non-commercial use only. By using the Service, you agree not to copy, distribute, modify, make derivative works of, publicly display, publicly perform republish, download, store or transmit any materials from the Service without the prior written consent of the owner of such materials. None of the material or equipment contained on the Service may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of OHC. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Service. Except as expressly set forth in these Terms of Service, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service. All rights not granted under these Terms of Service are reserved by OHC.
INFORMATION AND DETAILS PROVIDED BY YOU
Our Services may contain links to other web sites not maintained by OHC. Other web sites may also reference or link to our Service. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites.
YOUR MEDICAL INFORMATION
You may provide us medical information, including an audiogram or an audiologist report. You confirm that you are authorised to provide us with any of your medical details and existing hearing information. However, OHC is not a registered medical practitioner and does not provide medical advice and if you have any concerns you should speak with your Doctor.
Subject to the warranty for the hearing products and products outlined in these service terms, the services, the OHC Hearing Assessment Box, all other equipment and services, products (including hearing products, accessible from or available through the app, our website or the services are provided on an “as available” and “as is” basis with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Specifically, but without limitation, the company does not represent or warrant that: (i) the information available accessible via the service is accurate, complete, current or free of errors; (ii) the functions contained on the service will be uninterrupted or free of errors; (iii) defects will be corrected; or (iv) the sites or the server(s) that makes them available are free of viruses or other harmful components.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF ONLINE HEARING CARE LTD. ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUCCESSORS PROVIDING INFORMATION ON THE SITE FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE AND/OR THE PRODUCTS, EQUIPMENT OR HEARING PRODUCTS PROVIDED BY US TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID FOR THE PRODUCTS (INCLUDING THE HEARING PRODUCTS) OR SERVICES GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING IN NO EVENT SHALL ONLINE HEARING CARE LTD OR ITS OFFICERS OR DIRECTORS HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF THE COMPANY. ADDITIONALLY, IN NO EVENT SHALL OHC BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE SERVICE, PRODUCTS (INCLUDING HEARING PRODUCTS), ORDERS AND OTHER INFORMATION, ACCESSIBLE FROM OR AVAILABLE THROUGH THE SERVICE, EVEN IF OHC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED THROUGH OUR NEGLIGENCE OR FOR THE DEFAULT OF ANY OF OUR PRODUCTS.
You hereby acknowledge that the preceding paragraph shall apply to all of the Products, Services, Equipment, the OHC Hearing Assessment Boxes and resulting advice, information and test results provided through the Service and to your use of the OHC Hearing Assessment Box. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our total aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for our Services or purchasing any products.
You agree to indemnify, defend and hold harmless OHC, its employees, directors, officers, and representatives from and against any and all claims, loss, damage, demands, liabilities, and associated costs or expenses arising from or related to (i) any breach by you of any of these Terms of Service (ii) any misuse of the OHC Hearing Assessment Box; or (iii) your use or misuse of the Services other than as expressly authorised in these Terms of Service; (iv) your use of any information obtained from the Website; (iv) your use of the Hearing Products or any other product purchased from the Services; or (v) your failure to return the OHC Hearing Assessment Box or any damage or misuse of the OHC Hearing Assessment Box: or (vi) your failure to comply with applicable law.
If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
The failure of OHC to partially or fully exercise any rights or the waiver of OHC of any breach of these Terms of Service by you shall not prevent a subsequent exercise of such right by OHC or be deemed a waiver by OHC of any subsequent breach by you of the same or any other term of these Terms of Service. The rights and remedies of OHC under these Terms of Service and any other applicable agreement between you and OHC shall be cumulative, and the exercise of any such right or remedy shall not limit OHC’s right to exercise any other right or remedy.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Service, for any failure or delay in our performance to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
These terms, the OHC Hearing Assessment Box, and all Services provided subject to the exclusive jurisdiction of the courts of England and Wales and any dispute shall be determined in accordance with English law.
QUESTIONS: Should you have any questions regarding these Terms of Service you may contact us at firstname.lastname@example.org .
These Terms of Service are effective and were last updated on March 2021