By accessing or using any part of Hearzap, the User states and confirms to have read, understood and agreed to these Terms, as amended by the Company from time to time at its sole discretion. In the event a User does not agree to any or all of the provisions of these Terms, without modification, such User is requested to not use and access Hearzap. Users are expected to review the Terms periodically to ensure that they are aware of all changes or amendments made hereto. User’s continued access or use of Hearzap following any alteration to the Terms constitutes the User’s acceptance of those alterations or modifications of the same.
The Company through Hearzap provides the following services to the Users (collectively referred to as the “Services”):
Hearzap may include links to other websites or applications that are not owned or operated by the Company. The Company does not have any control over these third-party websites or applications (the “Third-Party Links”) and is not responsible for any information, functionality, or content accessed through the Third-Party Links. Furthermore, Third Party Links do not represent or imply any endorsement or recommendation of such third party’s websites or applications by or on behalf of the Company. The Users are responsible for taking the necessary precautions to protect themselves and their mobile devices, computer and other devices from viruses, bugs, and other harmful or destructive content that may be accessible through such Third-Party Links. The Company disclaims any responsibility for any harm resulting from a User’s access or use of these Third-Party Links.
Hearzap offers a facility to enable the Users to take an online audiology screening test for free of cost. The results of the screening test depends on various factors including but not limited to compatible device, microphones, headphones, internet access, certain software that may require obtaining updates or upgrades from time to time, quiet environment and responsiveness of the User. By taking the test, You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to You on Hearzap may be provided by an audiologist, such Information does not create a doctor/medical professional-patient relationship, but is provided to inform You on Your medical condition, and it does not constitute a medical diagnosis, treatment or prescription. Everything on Hearzap should be used for information purposes only. Hearzap is designed to support the health decisions and choices that You make. These decisions and choices are Yours, and the Company believes that You, in connection with the advice You receive from Hearzap, is the best decision maker about Your health. User agrees that screening test is not a substitute for physical consultation and the test is meant for general information only. The Company shall not, directly or indirectly, be responsible for accuracy of the result of any such screening test conducted by any User. We do not recommend or endorse any specific tests, procedures, opinions, or other information that may be mentioned on Hearzap. Reliance on any information provided on Hearzap is solely at Your own risk.
Hearzap is an online platform that provides a variety of online and online-linked audiology products and services to the Users for health-related information and resources. Hearzap enable Users to connect online with the audiologists paneled on the Hearzap. The Users (only adults) can book an appointment with any of the paneled audiologists. The Users shall book an appointment from the available slots specified in Hearzap. Hearzap will make best efforts to ensure that Users are provided confirmed appointment based upon availability of audiologists as communicated to the Company. However, Hearzap has no liability if such an appointment is later cancelled by the audiologist, or the same audiologist is not available for appointment. On the date of appointment one of the Company’s executive or a hearing care facilitator will visit the premises designated by the User and set-up an environment for conducting an audiological test and connect the User to the audiologist through video conferencing. You acknowledge that the audiologists empaneled with Hearzap are independent contractors and thereby Hearzap has an independent contractor relationship with such audiologists and therefore in no event the Company will be directly or vicariously liable for any advice or medical consultancy or any loss arising therefrom. The diagnosis, opinions, statements, answers, suggestion for medication (collectively “Consultation” or “E-Consultation”) provided by the audiologists through Hearzap are solely the individual and independent opinions and statements of such audiologists and do not reflect the opinions of the Company or any of its affiliates. The inclusion of professionals on Hearzap or in any professional directory on Hearzap does not imply recommendation or endorsement and is provided on an ‘as-is’ basis and Hearzap disclaims all warranties, either express or implied, in respect of the Consultation provided by audiologists. Hearzap (the owners and the employees of the Company) accept no responsibility for any medical, legal or financial events or outcomes related to the consultancy services availed through the use of Hearzap or for inadequacy of, or negligence in, provision of Consultation by any audiologist. You acknowledge that the Company and/or Hearzap shall not be liable for any loss of items during the said executive’s visit.
Not withstanding anything to the contrary contained herein, You alone shall be liable for your dealings and interaction with audiologists contacted or managed through Hearzap and Hearzap shall have no liability or responsibility in this regard. Hearzap does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by any User, audiologists or any other third-party through Hearzap. The Company may, at its sole discretion, suspend User’s or audiologists’ ability to use or access Hearzap at any time. The Company can edit profiles of audiologists to make them more suitable for patient/ Users searches on Hearzap.
User agrees that E-Consultation is not a substitute for physical consultation and the services are meant for general information only. If after the E-Consultation, the audiologist recommends any diagnostic tests to be undertaken or issues a prescription, the same are provided based on the information and preliminary examination by the audiologist, hence the same shall not be treated as accurate, final and conclusive. Audiologists reserves their right to modify the prescription or recommended tests if the User provides any additional information in future consultation. While rendering E-Consultation, the audiologist will require to know the age, sex, previous and existing health conditions, symptoms, past medical history, physical examination (if directed by the audiologist) etc. All the information with respect to the User history, consultation records, medical record and prescriptions issued by the audiologist will be saved with the Company and the same may be used for rendering the Services as to the User for time to time. Services offered by Hearzap are intended for direct use of the User, but the same cannot be used for rendering Services to third parties. The Company disclaims all liabilities arising from use of the Services by the User and the maximum liability of the Company towards the User shall be limited to the consideration paid by the User to the Company.
User consent to, agree to and understand the following with regards to usage of Hearzap to participate in a telemedicine / video consultation:
Please note that the content provided by audiologists on Hearzap does not create a licensed medical professional/patient relationship, between the Company and You and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. The Company does not guarantee, represent or warrants, either expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on Hearzap. The Company do not in any way endorse any individual described herein. In no event shall the Company be liable to You or anyone else for any decision made or action taken by You in reliance on such content or information.
In addition to Your other covenants in these Terms, by ordering Product/s on Hearzap You acknowledge and agree that: (a) You have a written and valid audiogram and the information supplied to the Company will be accurate; (b) That the costs involved any non-delivery or wrong delivery of the Products by the Company due to error in the information provided by You, and, any costs of re-delivery in addition to the initial cost will be billed to You; (c) All information provided by You including your contact details, name and address, bank or credit card details are belong to You, or You are authorized to use the same, that the same are authentic and You have not made any misrepresentation or acted in a fraudulent manner by making use of such information/details; (d) That before placing an order You will check the Product description carefully. By placing an order for a Product, You agree to be bound by the conditions of sale included in the item's description.
You will have to submit Your order for the purchase of the Product as detailed under Hearzap or you can e-mail us at firstname.lastname@example.org or contact us at +91 9659 455 455. Once the order is submitted it an express intention to purchase the Product and the same may not be cancelled except as provided hereunder. Based on the information provided by You and subject to the Company’s veriﬁcation of the same, the orders will be accepted by the Company for processing. All orders will be processed once the Company receives the payment for the Product. You acknowledge that with respect to audiological results the Company reserves the right to verify the same with independent qualiﬁed audiologist or a medical hearing care professional, and the acceptance of the order by the Company is subject to the same. All orders shall be conﬁrmed via e-mail. The Company shall use its best efforts to ensure that order placed by You is successfully processed subject to the availability of the Product/s. In the event the Product/s is sold out or unavailable, the Company will intimate You regarding the same and either refund Your money or provide you with an opportunity to purchase a different Product of the same value. Except as specified herein, You will have no other remedy in case of non-availability of the Products selected by You. You further acknowledge that the recommendation options of the Products displayed on Hearzap may vary due to your specific requirement or due to addition of new Products on Hearzap
You will have to submit your request for the purchase of customized hearing instruments at email@example.com or contact us at +91 9659 455 455. Within 4 days from the date of acceptance of the request, one of the Company’s technicians will visit the designated premises provided by You to take your ear impression and create moulds for the customized hearing instrument. The said technician of the Company shall bring the moulds to the clinics designated by the Company for creating the customized hearing instrument. All orders will be processed once the Company receives the payment for the customized product. You acknowledge that with respect to audiological results the Company reserves the right to verify the same with independent qualiﬁed audiologist or a medical hearing care professional, and the acceptance of the order by the Company is subject to the same. You further acknowledge that there may be certain risks in taking the ear impression such as scratch, tear/cut, irritation etc. By using this Service of the Company, you consent to all the risks involved, and the Company shall not be liable for any loss or damage suffered due to any such risk.
The Company expressly disclaims any guarantee of exactness as to the finish and appearance of the final Product/s as ordered by You based on the display on Hearzap. The quality of any Product/s, or other material purchased or obtained by You through Hearzap may not meet Your expectations. There may be alteration in the Product/s with respect to Your order. This will be intimated to You by the Company. If You do not agree with the same, the Company will provide You an opportunity to either receive a full refund or a voucher to be redeemed against the purchase of the alternative Product of the same value. Title and risk of loss for all Product/s ordered by You shall pass on to You upon the Company’s shipment to the shipping carrier. Apart from these, in the case the original manufacturers/producer/reseller provide any specific warranty, then, those will be applicable subject to Your compliance with the warranty terms mentioned therein. The Company shall not have any responsibility whatsoever with respect to the warranty offered by the original manufacturer /producer/reseller, the Company would not be responsible or liable for the same. Your claims will have to be raised with the original manufacturer /producer/reseller. If feasible, the Company may provide reasonable assistance in this regard
The Company will make the delivery on a ‘best effort’ basis after acceptance of Your order. Subject to events beyond the Company’s control, the Product/s and/or the customized products will be shipped within 7 days of the acceptance of the order. You acknowledge that the Company uses different courier services and, You shall be bound by the terms and conditions of such courier services. The Company will communicate the dispatch details to You and will ship the Product/s and/or the customized products to the mailing address provided by You while placing the order. If you do not receive the Product/s and/or the customized products within a reasonable period of time, You should immediately notify the Company. You have an obligation to forthwith check the Product/s and/or the customized products for accuracy upon receipt of the same. The Company reserves the right to cancel an order in case the order request is not acceptable to the Company. Upon such cancellation, the Company will refund the money to You. Any such cancellation shall be at the sole discretion of the Company and You will have no right to contest the same. The reasons for cancellation could be due to non-availability of the Product/s, inaccuracy in Product and/or the customized product, or pricing information or due to reasons of any fraud or wrong usage of payment mechanism adopted by You. Any cancellation will be intimated to You by the Company. In the event You desire to cancel any order, then, such cancellation must be done prior to the dispatch of the Product/s to you. Once dispatched, the Company will not accept any cancellation request from Your end.
In the event You are unhappy or unsatisfied with Your purchase of Product(s) (excluding batteries, eartips, moulds), and/or the customized products, the Company provides You a return, refund or exchange opportunity subject to the following conditions:
The refund, return or exchange process will be initiated only after the Company has received the Product(s) and/or the customized products in the condition as mentioned above. As stated, You could either get a refund of cash or exchange it for a voucher. If this is not applicable, You could exchange the purchase product for a different product of the same value or a higher value. The difference will be paid in case the exchange is made for a product of a lower value. The option will be communicated either via an e-mail provided by You to us or through a contact number which You have notified us. The Company is not responsible for any incorrect or mis-leading contact details. You will have a period of 7 (seven) days to confirm Your decision to us. In the event we do not receive any communication from You then your opportunity to obtain a refund, return or exchange will lapse. Refunds are processed in 30 (thirty) working days.
You will have to submit Your request for the servicing of Your hearing aid (“Device”) as detailed under Hearzap or you can e-mail us at firstname.lastname@example.org or contact us at +91 9659 455 455. Once the request is submitted it may be cancelled within 7 days of the request. After completion of aforesaid period, the User may not be able to cancel the request. Based on the information provided by You and subject to the Company’s veriﬁcation of the same, the request will be accepted by the Company for processing.
Within 4 days from the date of acceptance of the request, one of the Company’s technicians will pick-up the Device from the address provided by You for the purposes of servicing. You acknowledge that the Company and/or Hearzap shall not be liable for any loss of items during the said technician’s visit. Post the examination of the Device, a valid job card will be issued by the Company which explains the symptoms observed in the Device and details of the parts to be replaced/repaired. You will be given an estimate for repair/replacement of the parts of the Device. Post Your confirmation/approval to repair/replace the as per the estimation, then only the part would be replaced/repaired. A warranty for the workmanship is 180 days from the date of work completion (Cash Receipt/ Job card to be produced by the user to avail service warranty). User can avail service warranty only for the issue as mentioned in the job card (any physical damage and water/liquid related damage is not covered under warranty), for any other issues or complaints, such charges shall be levied as may be communicated by the Company/Hearzap. You acknowledge that any unauthorized dismantling or servicing of the Device will forfeit your right to warranty. You further acknowledge that the Device brought to the service center will remain there at the Your risk and the Company shall not be responsible for any damages caused due to the factors beyond its control.
Hearzap is a marketplace and facilitates the Users to connect to third-party audiological clinics listed on the Hearzap. The Company is not and shall not be responsible for any tests conducted and reports generated by the third-party audiological clinics and does not deal with any of the third-party clinic’s clients or patients through Hearzap. The Company only provides facilitation services to the Users through the Hearzap. User and the third-party audiological clinic agree to use Hearzap and the materials provided therein only for purposes that are permitted by: (a) these Terms; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions. Notwithstanding anything to the contrary contained herein, third-party audiological clinics alone shall be liable for their dealings and interaction with the Users who avail the services and the Company shall not have any liability or responsibility in this regard. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User and/or the third-party audiological clinic through Hearzap. The Company may, at its sole discretion, suspend third-party audiological clinics or Users ability to use or access Hearzap at any time. The Company shall have no liability or responsibility in this regard.
The Company enables the User to exchange their old hearing aids with a new hearing aid. By agreeing to avail this benefit, you hereby represent, warrant and covenant that:
You understand that the new product delivery and the Used Product pickup will happen simultaneously (hand in hand) and you shall keep the Used Product ready for exchange. In the event you refuse to provide the Used Product at the time of delivery of the new product or if it is determined at the time of delivery that the Used Product is different or does not conform to the conditions specified, you agree that the transaction may be cancelled. You understand that once the Used Product is sent for exchange, under no circumstance can the Used Product be returned back to you. In the event you return the new device purchased, the Used Product will not be returned to you. The value of the old hearing aid may change after verification by the Company at its sole discretion.
If requested by the User, the Company may send an executive to provide the User with a demonstration of the working, features and settings of the hearing aid to assist the User to purchase the most suitable hearing aid. You acknowledge that the Company and/or Hearzap shall not be liable for any decision made by you to purchase a hearing aid. The Company also provides demonstration post the purchase of a hearing aid from Hearzap. Such demonstration is a one-time free service provided by the Company. You shall not prior to the demonstration open or dismantle the hearing aid. You acknowledge that any loss or damage of the demonstration units shall be considered as sale and you shall pay for the same. You acknowledge that the Company and/or Hearzap shall not be liable for any loss of items during the said executive’s visit.
The fee/consideration charged by the Company (including that for any of its Services, for the Products, and fee for audiologists) can be paid through the following form of payments: a) Online payment via Credit Card, Debit Card, Net Banking, UPI Payment, and through multiple online payment wallets such as Payzapp, Paytm, etc; b) Cash on Delivery on limited locations c) Cash Deposit on our bank account. You acknowledge that your payments shall also be governed by the terms and conditions of the respective payment methods/payment gateways. You agree, understand, confirm and state that the details (whether of debit card, credit card, net banking, UPI Payment or payment through online wallets) provided by You to make payment and transact on Hearzap will be correct, accurate and is owned by You. In the event You use a payment details belonging to any third party, then, You confirm that you have been authorized to or expressly permitted by such third party to use the said details/payment mode for making payments. The Company will not be liable for any payment fraud including any credit card/debit card fraud. The liability for use of a payment mode fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User. In addition to all other remedies available under law and equity and as detailed under this Agreement, the Company reserves the right to recover the cost of servicing, collection charges, attorney’s charges etc., from a User using Hearzap fraudulently. Further, the Company reserves the right to initiate legal proceedings against such persons for fraudulent use of Hearzap and any other unlawful acts or acts or omissions in breach of these terms and conditions.
Further, violations of system or network security may result in civil or criminal liability.
THE CONTENT AND ALL SERVICES ASSOCIATED WITH HEARZAP ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF HEARZAP OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND PURCHASE OF THE PRODUCTS IS AT YOUR SOLE RISK. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING (i) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON HEARZAP OR (ii) OF THE SERVICE AND PRODUCTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY ENGAGES AND EMPLOY THE BEST METHODS TO SAFEGUARD AND PROTECT AGAINST VIRUSES, INFECTION, ETC, HOWEVER, DESPITE SUCH BEST EFFORTS, THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. THE COMPANY EXPRESSLY DISCLAIMS ANY EMERGENCY SERVICES.
Limitation of Liability. Neither the Company nor any of its affiliates shall be liable for any indirect, incidental, special, or consequential damages resulting from the use or the inability to use Hearzap or Mobile App Content including, but not limited to, (a) damages caused by defamatory, offensive, or illegal material, (b) damages caused by viruses, malfunctions, or harmful components accessed through Hearzap, and (c) damages for lost profits, loss of data, or other intangibles, or any consequences of whether foreseeable or unforeseeable.
If anyone brings a claim against the Company related to your actions, you will indemnify and hold the Company and its affiliates harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Company shall also have the right to hold you or such other person liable for the damages, losses and expenses which the Company may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by You. Although the Company provides rules for your conduct, the Company does not control or direct your actions on Hearzap and is not responsible for any of your actions in using the Services. The Company is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on Hearzap. The Company is not responsible for the conduct, whether online or offline, of you.
These Terms shall be governed by, interpreted and construed in accordance with the laws of Republic of India. User will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts of law at Hyderabad, Telangana.
If anyone brings a claim against the Company related to your actions, User Information, or any other information provided by You to the Company, you will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Company shall also have the right to hold you or such other person liable for the damages, losses and expenses which the Company may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by You. Although the Company provides rules for your conduct, the Company does not control or direct your actions on Hearzap and is not responsible for the User Information you transmit or share on or use on the Website or for any of your actions using the Services. The Company is not and shall not be responsible for Your conduct, whether online or offline, in the dealings with or facilitated by Hearzap and the Company.
You can share your referral code to your friends via (SMS, Whatsapp, Gmail, etc.) for flat % OFF on their 'First Purchase' will be emailed to them on your behalf. When your friends place their first order using the referral code, they will receive flat 10% OFF on invoice worth [Rs.25,000/-] or more. After your friend’s first order is delivered, Hearzap will credit your Hearzap Wallet with Rs. [2500/-] ([Max. 25] Referrals only). The credit in your Hearzap Wallet cannot be transferred to any other User.
Hearzap is also inclined towards helping the deprived. If the User intends to discard their old hearing aids, the Company requests the Users to give their old hearing aids to the Company, which will be further given (post the required repair) to the deprived. In lieu of giving the old hearing aid, the User will receive a voucher of worth [Rs.2000/-]. The Company will not accept old hearing aids which are broken or dismantled and such hearing aids which cannot be repaired. Apart from the above mentioned voucher, the Company also issues various vouchers from time to time. Hearzap has the right to refuse the usage of any voucher at any point of time. Vouchers which have expired cannot be used. Hearzap can at any time ask the User for the proof of having received the voucher. Vouchers can be used only on specific orders as deemed fit by Hearzap. Applicability of vouchers on certain items, on specific orders, or on specific dates or occasions are at the discretion of the Company. Vouchers cannot be clubbed with any other special offer on Hearzap, unless expressly otherwise stated. The vouchers cannot be transferred to any other User.