These Terms of Use (“Terms”) govern the use and access of the website, kiosk and mobile application, (together referred as “HEARZAP”), owned and operated by IZA Medi Technologies Private Limited (the “Company”). By accessing or using HEARZAP, you (“Users” or “You”) agree to comply with and be bound by these Terms. Further, by impliedly or expressly accepting these Terms, You also accept and agree to be bound by our policies, including the Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India for the purposes of accessing, browsing or transacting on the HEARZAP, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms. However, if You navigate away from the HEARZAP to a third-party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such an event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website. Please read these Terms carefully as well as the Privacy Policy which is incorporated herein by reference.

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.

1. Services.

The Company through HEARZAP provides the following services to the Users (collectively referred to as the “Services”):

1. Enable the Users to take online hearing screening tests;
2. Connecting the Users to various audiologists providing online audiology consultancy services;
3. Enable Users to purchase online hearing aids including assistive listening devices, batteries and other accessories for the hearing aids (“Products”) from various high end national and international brands as specified on HEARZAP and also enable the Users to purchase customized hearing instruments.
4. Providing maintenance services for the hearing aids;
5. Connecting the Users to various third-party audiology clinics, among others.
6. Enable the Users to exchange their existing hearing aids against a new hearing aid.
7. Provide demonstration for the hearing aids.


2. Registration.
1. Users are required to sign up and create an authenticated account (“Account”) by providing all required information in order to access or use the Services (“Sign-up Process”). User shall identify a username and password and provide certain personally identifiable information including without limitation, name, age, entity name, telephone/mobile number, email Id and other contact details etc (“User Information”). in order to create and maintain an Account with HEARZAP.
2. You agree and acknowledge that You would (i) create only 1 (one) Account; (ii) provide accurate, truthful, current and complete information when creating Your Account and in all Your dealings through HEARZAP; (iii) maintain and promptly update Your Account information; (iv) maintain the security of Your Account by not sharing Your password with others and restricting access to Your Account; (v) promptly notify the Company if You discover or otherwise suspect any security breaches relating to HEARZAP; and (vi) take responsibility for all the activities that occur under Your Account and accept all risk of unauthorized access. In the event the Users provide any information that is untrue, inaccurate, outdated, or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, the Company may terminate such User’s account and refuse current or future use of any or all of the Services.
3. Users shall be solely responsible for maintaining the confidentiality of the username and passwords, and for all activities that occur under their account. Users shall not, under any circumstance, share their username and password with any third party, or otherwise provide to a third party the access of his/her Account. Users further agree to notify the Company immediately of any unauthorized use of their username and passwords or any other breach of security.
4. The Company will not be liable for any loss or damage arising from the failure on part of the Users to comply with this clause. Further, Users shall agree to indemnify and hold the Company harmless from any claims or damages suffered by the Company due to any improper or illegal use of their account.
5. License. The Company grants the User a non-exclusive, revocable, non-transferable and limited license to access and use the Services on his/her/its personal device, as made available through HEARZAP. The Company may, from time to time, update or modify features of HEARZAP, release new versions or create new modules related thereto, each of which may, at its discretion, be included within the license granted above. The User shall not be permitted to sublicense or transfer any of his/her/its rights hereunder including without limitation, access to HEARZAP through the respective Account and login credentials authenticated for a particular Use.


3. Eligibility.
1. You are eligible to use the Services by registering with HEARZAP, if and only, you comply with the following conditions:
• You have completed the legal age of 18 years
• You are eligible to enter into a legally binding contract.
• You are not barred from entering into a contract by any applicable law for the time being in force.


2. You further represent and warrant that:
• You have the right, authority, and capacity to enter into these Terms.
• You agree that in order to use and have access to certain Services available on HEARZAP, you will have to register and create an Account with HEARZAP.
• You are neither a competitor of the Company nor using the Services for reasons that are in competition with the Services of the Company
• Your use of the Services does not violate any applicable law.
• You own or have the necessary licenses, rights, consents, and permissions to use and authorize HEARZAP to use all the proprietary rights in and to any and all of the User Information, Personal Information and intellectual property pertaining to any such information to enable their inclusion and use in the course of Services being provided by the Services.


4. Privacy.

The Company respects the privacy of Users and has accordingly formulated a Privacy Policy (“Policy”), in compliance with the applicable laws. The use of any personally identifiable information (“Personal Information”) shall be governed by such Policy as provided on HEARZAP and amended from time to time.

5. Third Party Links.

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.

6. Terms and Conditions for Screening Test

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-client 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.

7. Terms and Conditions for Online Audiology Consultancy Services
1. BOOKING AN APPOINTMENT

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 client/ Users searches on HEARZAP.

2. YOUR COVENANTS

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.

3. CONSENT TO PARTICIPATE IN TELEMEDICINE OR TELEAUDIOLOGY CONSULTATION

User consent to, agree to and understand the following with regards to usage of HEARZAP to participate in a telemedicine / video consultation:

• Video conferencing technology will affect consultation and this consultation will not be the same as a direct client/healthcare provider visit due to the fact that user will not be in the same room as healthcare provider.
• there are potential risks to this technology, including interruptions, unauthorized access and technical difficulties.
• Audiologists or Users can discontinue the telemedicine consult/visit if it is felt that the videoconferencing connection is not adequate for the situation.
• User’s healthcare information may be shared with other individuals for scheduling and billing purposes.
• Others may be present during the consultation other than healthcare provider in order to enable them to provide effective services. All such personnel will maintain confidentiality of the information obtained.
• E-Consultation from a specific audiologist shall be available subject to his/her availability/willingness/discretion. Confirmation of your appointment with a specific audiologist, as per his/her availability, shall be sent to you via SMS and/or E-mail. HEARZAP reserves the right to reschedule or cancel an appointment without any prior notice. The time provided for consultation to you is indicative and actual consultation time may change depending on the consulting audiologist's discretion. Your consulted audiologist reserves the right to provide post consultation free review consultations can be booked, rescheduled or cancelled only within the stipulate time limits.
• Please note that E-Consultation services are provided at the express consent by the User and the same shall not be construed as a replacement for physical consultation.


4. NO DOCTOR CLIENT RELATIONSHIP

Please note that the content provided by audiologists on HEARZAP does not create a licensed medical professional/client 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.

8. Terms and Conditions for Sale and Delivery of Products.
1. YOUR OBLIGATION AND COVENANTS

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.

2. ORDER FOR AND SUPPLY OF PRODUCTS

You will have to submit Your order for the purchase of the Product as detailed under HEARZAP or you can e-mail us at support@HEARZAP.com 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

3. ORDER FOR AND SUPPLY OF CUSTOMIZED HEARING INSTRUMENTS

You will have to submit your request for the purchase of customized hearing instruments at support@HEARZAP.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.

4. QUALITY, DELIVERY AND CANCELLATION

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.

5. RETURN, REFUND OR EXCHANGE POLICY

   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 request for return, exchange or refund should be raised within 10 days of the receipt of the Products and/or the customized products from HEARZAP;
   • The price tag and any other identification tag, the invoice and the original packing must be intact and sent back;
   • The Product and/or the customized products should not have been used or should not have any dirt or scratches or tear or in short should not be rendered unsellable;
   • You need to mention your order number, the date of order and your date of receipt;
   • Ensure that the return package is appropriately sealed and sent to the Company as any damage in transit will continue to be your responsibility and this policy will cease to be applicable;
   • The Company has a dedicated team which will check the returned Products and/or the customized products, and their decision of your request will be final to accept or reject;
   • The customization charges for the customized products shall be applicable;
   • Shipping charges will not be refunded;
   • To request for a return, refund or exchange, please contact our customer care at [+91 9659 455 455] or mail us at support@HEARZAP.com and we will get in touch with you.

   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.

9. Terms and Conditions for Maintenance Services
1. REQUEST FOR MAINTENANCE SERVICES

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 support@HEARZAP.com 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.

2. DELIVERY OF MAINTENANCE SERVICES

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.

10. Terms and Conditions for Third-Party Audiology Clinics

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.

11. Terms for Exchange of Old Hearing Aids

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 are the sole, absolute and lawful owner and/or user of the hearing aid being returned ("Used Product");
• the Used Product along with all accessories, is genuine and is not counterfeit;
• wherever applicable, the details of the Used Product, including its condition, are as stated at the time of availing this Service;
• the Used Product should not be broken, dismantled or in such a condition which cannot be repaired.

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.

12. Terms and Conditions for Demonstration

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.

13. Pricing and Payment

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.

14. Restrictions on Use.
1. Users shall not use the Services provided by HEARZAP:


1. for any unlawful purpose or in violation of any applicable laws; or
2. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, or violate the privacy or other personal rights of others; or
3. post any content that is defamatory, libelous, obscene, threatening, abusive or is offensive to other Users, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
4. post any content that is false or misleading; or that harasses or advocates harassment of another person.


2. Users are also prohibited from violating or attempting to violate the security of HEARZAP, including, without limitation the following activities:


1. accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. attempting to interfere with Services to any User, host or network, including without limitation, submitting a virus to HEARZAP, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing”; or
4. transmitting any viruses, worms, defects, bugs, Trojan horses or other items of a destructive nature;
5. removing any copyright, trademark or other proprietary notices from any portion of HEARZAP;
6. reproducing, modifying, preparing derivative works based upon, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting or otherwise exploit HEARZAP except as expressly permitted by the Company;
7. submitting any User Information unless you are the owner of the rights in such User Information or have the permission from the rightful owner to share the material and to grant the Company all of the license rights granted therein;
8. decompiling, reverse engineering or disassembling HEARZAP except as may be permitted by applicable law;
9. linking to, mirroring or framing any portion of the Services;
10. reformatting any portion of the pages that are part of HEARZAP;
11. accessing HEARZAP through a code, program or procedure either singly or repetitively with an intent to bypass safeguards built-into HEARZAP;
12. causing or launching any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of HEARZAP or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
13. attempting to gain unauthorized access to or impairing any aspect of HEARZAP or its related systems or networks or Services;
14. infringing any intellectual property or other proprietary rights of any third party;
15. copying or using the information, content or data of others available on HEARZAP (except as expressly authorized); and
16. overriding any security feature of the Services.

Further, violations of system or network security may result in civil or criminal liability.

15. Remedies.
1. User understands and agrees that the Company may review any content on HEARZAP, and in case the Company finds, in its sole discretion, that the User has violated any of these Terms (especially Clause 13), the Company reserves the right to take actions to prevent/control such violation, including without limitation, removing the offending communication or content from HEARZAP and/or terminating the registration of such violators and/or blocking their use of the Services.
2. The Company shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
3. In order to ensure a safe and effective experience for all the Users, Company reserves the right to limit the amount of data that may be accessed by them in any given time period. These limits may be amended at the Company’s sole discretion from time to time.
4. The User acknowledges that in no event shall Company be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of any User or anyone else in connection with the use of the Services.


16. Security.
1. The Company acknowledges that it employs industry standard security protocol to ensure that the information that are stored, transmitted or transferred through HEARZAP is protected and the same is hosted on a secure server. However, the Company shall not be held responsible for the loss of content or the information that is being transmitted through HEARZAP due to any technical issues from other sources. In order to keep the Account safe, the Users are suggested to change the passwords of his/ her account with HEARZAP periodically.
2. HEARZAP or the User will select a username and password when completing the registration process. The User will be solely responsible for maintaining the confidentiality of the username and password, and for all activities that occur under his/her username and password.


17. Intellectual Property.
1. HEARZAP, its technology, computer programs, codes, all information available thereon, images, logos, trade names, domain names, service marks and other materials on it, including the look and feel of the mobile application (collectively “Mobile App Content”), are the exclusive intellectual property of the Company and/or its affiliates. Any unauthorized reproduction, republication, distribution, display, transmission, sale, or any other use and/or duplication of any material available on HEARZAP or Mobile App Content, without express and written approval of the Company shall be violation of the relevant intellectual property laws.
2. The Company respects the intellectual property rights of others (the “Claimant”) whose work might allegedly be infringed by the Company. If the Claimant believes that any material on HEARZAP infringes upon their copyright, they may notify the Company through an email at support@HEARZAP.com


18. Termination.
1. These Terms shall remain in full force and effect unless and until your Account is terminated as provided herein. Any licenses contained in this Agreement will terminate automatically without notice if you fail to comply with any provision of this Agreement.
2. User may deactivate his/ her account and end the registration with HEARZAP at any time, for any reason by sending an email to support@HEARZAP.com. The Company may also suspend or terminate your use of HEARZAP, your account and/or registration, at any time, for any breach of these Terms. Subject to applicable law, the Company reserves the right to maintain, delete or destroy all communications or materials posted or uploaded on to HEARZAP pursuant to its internal record retention and/or content destruction policies. After such termination, the Company will have no further obligation to provide the Services to the User.
3. The Company further reserves the right to terminate this Agreement or discontinue the Services provided through HEARZAP or any portion or feature thereof for any or no reason and at any time without liability to you.
4. The Company will not be liable for any costs, expenses, or damages as a result of the termination of this Agreement.


19. Disclaimer & Warranties.

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.

20. Indemnification.

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.

21. Additions and Alterations to Terms of Use
1. The Company reserves the right to add to or alter these Terms from time to time, and each such modification shall be effective upon posting. The Company will inform you of such additions/alterations through e-mails or messages to your Account, notices posted on HEARZAP, or through other means available through Services. These additions/alterations will not apply retroactively and will become effective from the date they are posted on the HEARZAP.
2. Additions may be in the form of supplemental terms which may apply to certain Services, such as policies for a particular feature and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms shall be deemed a part of the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
3. Continued use of the Services following any such modification constitutes your acceptance to be bound by these Terms as so modified. It is therefore important that you review these Terms regularly. If you do not agree to be bound by these Terms and to abide by all applicable laws, you must discontinue use of the Services immediately.


22. Governing Law, Jurisdiction and Dispute Resolution.

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.

23. Referral Policy.

You can share your referral code to your friends via (SMS, Whatsapp, Gmail, etc.) for flat [10]% 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.

24. Vouchers Issued by the Company.

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.

25. Miscellaneous.
1. These Terms shall be interpreted, construed and enforced in accordance with the laws as applicable in India without regard to conflict/choice of law principles. In a situation where any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remaining Agreement, which shall remain in full force and effect.
2. No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement should not be used for any interpretative purposes as these are for mere convenience of the User.
3. All of the Company’s rights and obligations under these Terms are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
4. The Company reserves the right to research and publish general user behavior categorized at its discretion.
5. By using HEARZAP and these Terms, You agree to receive account and feature e-mails, calls and messages from the Company.
6. HEARZAP uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by the Company for the technical administration of HEARZAP, research and development, and for User administration. In the course of serving advertisements or optimizing Services to You, HEARZAP may allow authorized third parties to place or recognize a unique cookie on the Your browser. The Company does not store personally identifiable information in the cookies.