Audientes websites Terms of use

1.    These Website Terms of Use

[Audientes A/S, a company registered in Denmark with organization number 36047631, Teknikerbyen 5, 2830 Virum, Denmark] (”Audientes”, ”us”, ”we” or “our”).

These terms of use (”Terms of Use”) apply when you access and/or use our website www.audientes.com and all associated sites linked to www.audientes.com (www.audientes.in audientes.com/eu by us, our subsidiaries and affiliates as well as sites operated by or on behalf of the aforesaid entities (the “Websites”). When you access/use the Website(s), and/or any available online application or services (the ”Services”), or purchase a product, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBISTE(S).

Some of the Websites, Services, and products may have additional terms of use or requirements, and your use of such offerings may be subject to those additional terms of use, which will be provided or linked to on, or via those Websites or Services.

If you are under the age of eighteen (18), you must have the permission of a parent or guardian to access or use Websites and/or Services.

These Terms of Use may be modified at any time, without prior notification or announcement, at the sole discretion of Audientes. You should always consult these Terms of Use prior to using or accessing Websites and/or Services or purchasing any products or services made available through Websites and/or Services. Changes in these Terms of Use will be indicated by updating the “Last Updated” date at the end of these Terms of Use. If you do not agree to, or cannot comply with, the modified Terms of Use, you must stop accessing or using Websites and/or Services. 

2.    Medical Disclaimer

Websites and/or Services are not intended as a substitute for professional medical advice, diagnosis, or treatment. The contents of Websites and/or Services, such as text, graphics, images, and other materials, are solely for educational and informational purposes. Audientes does not make any guarantees with regards to the accuracy, completeness, reliability, or timeliness of content available on or via Websites and/or Services. By accessing Websites and/or Services, you agree that Audientes is not liable or responsible for any claim, loss, or damage arising from the use of any information provided by or via Websites and/or Services or by Audientes employees or representatives on or via Websites and/or Services. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR AN EMERGENCY HOTLINE IMMEDIATELY.

Never disregard or delay seeking professional medical advice or treatment because of information on Websites and/or Services.

You may elect to provide Websites and/or Services with personal medical information, such as an audiogram. You agree that you are solely responsible for the accuracy, quality, and legality of the information provided.

Websites and/or Services are not designed to comply with industry-specific laws or regulations. You are prohibited from accessing or using Websites and/or Services if your access or use is subject to such laws.

3.    Content

All text (including product information, pictures, features, packaging, specifications, colors and other details), graphics, interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content") contained on the Websites is owned, controlled or licensed by or to Audientes, and is protected by intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Websites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial use, without our express prior written consent.

You may use information on our products and services made available by us for downloading from the Websites, provided that you (1) not remove any proprietary notice language in all copies of such documents, and (2) use such information only for your personal, non-commercial informational purpose.

To the extent permitted under applicable law, we are not liable for changes to, or discontinuation of, products or services. Audientes does not guarantee that products or services will be in stock or available.

4.    Purchases and Payment

Any purchases you make on the Websites are subject to our Terms of Sale, which you can access here.

For the purpose of your purchase, you may be asked to provide information such as your name, an email address, credit card number/debit card number or other payment method as well as the relevant expiration date, billing address, and/or shipping address. You guarantee that the information provided is complete, accurate, and up to date. Prices are subject to change at any time, and we reserve the right to correct any errors in pricing, even if payment has already been requested or received.

You agree to pay in full all charges at the prices in effect at the time of purchase as well as any necessary shipping and handling fees. When making payment, you authorize us to charge your chosen payment provider for the total amount stated [when we have shipped the product].

Audientes is not responsible for damages to products or losses incurred in transit. Cross border deliveries may be subject to inspection by customs authorities.

Audientes may, at its sole discretion, refuse to fulfil any order placed on Websites and/or Services. You are placing an Order Request, and our Order confirmation email is an acceptance of your request, and not an order acceptance.  Additionally, we may establish limits on the quantities a person or household may purchase. You agree that you are purchasing products and services from Websites and/or Services for your personal use, and not for resale. Audientes may, at its sole discretion, restrict or prohibit orders that appear to be made by dealers, resellers, or distributors.

5.    Return Policy and Limited Warranty

Audientes provides a return policy, and a Limited Warranty on select products, including Ven™ by Audientes and Companion by Audientes and all accessories for each product.

For details about our thirty (30) day return policy, see: [insert link to return policy].

For details about our two (2) years limited warranty, see: [insert link to warranty].

6.    Privacy Policy

You should read and understand our complete Privacy Policy [link] before accessing or using Websites and/or Services. This policy describes our procedures and policies for collecting and managing the personal information you submit to us.

7.    User Generated Contributions

In the course of accessing Websites and/or Services, you may be given the opportunity to create, submit, post, publish, broadcast, upload, or otherwise make available text, video, audio, photographs, or other content (hereafter “Contributions”). You agree that (a) your Contributions do not infringe on the copyright, patent, trade secret, or other proprietary rights of any third party, or link any material that infringes on such proprietary rights; (b) your Contributions are not false or misleading; (c) your Contributions are not unauthorized advertising, or otherwise of a revenue generating nature, and do not link to any such advertising; (d) your Contributions are not harassing, libelous, slanderous, obscene, or otherwise objectionable; (e) your Contributions do not violate, or link to any material that violates, any applicable laws or regulations; and (f) your Contributions do not infringe upon the privacy rights of any third party.

8.    Submission of Ideas

You acknowledge and agree that Audientes does not provide any compensation, either in cash or in merchandise, for the submission of ideas (hereafter “Submissions”), including for Submissions that contain questions, comments, suggestions, ideas, feedback, or other information Website and/or Services as well as products and all other aspects of Audientes’ business pursuits. If you make such Submissions, you agree that such Submissions are immediately rendered non-confidential and become the sole property of Audientes.  We shall be entitled to the exclusive worldwide rights, including all intellectual property rights, of such Submissions, and we shall be free to reproduce, use, aleter, distribute, and disclose, such Submissions on an unrestricted basis, in any medium and through any media channels, without compensation to you. 

9.    Prohibited Activities

By accessing Websites and/or Services, you agree that you will not:

• use Websites and/or Services in such a way as to infringe on the intellectual property rights of Audientes or any other company or individual;
• use Websites and/or Services in any way that would violate any applicable laws or regulations;
• make any unauthorized use of Websites and/or Services, including using electronic means to collect usernames, email addresses, or other information;
• use automated means, such as robots, “crawls”, “spiders”, or other data gathering or extraction techniques, to access information on Websites and/or Services;
• copy, download, reproduce, or distribute excessive data from Websites and/or Services;
• disable, disrupt, circumvent, or otherwise tamper with Website and/or Services or security-related features of Websites and/or Services;
• use Websites and/or Services as part of a revenue-generating or otherwise commercial enterprise;
• sell access to Websites and/or Services, except where expressly permitted by Audientes;
• threaten, harass, or intimidate Audientes employees, representatives, or users of Website and/or Services;
• upload or transmit viruses, trojans, worms, or other material which is malicious or harmful to Website and/or Services;
• reverse assemble/engineer, decompile, or otherwise attempt to obtain source code of Website and/or Services; or
• remove copyright notices or other proprietary information from any content provided on or via Website and/or Services.

10. Disclaimer of Warranty

TO THE FULL EXTENT PERMITTED BY LAW, AUDIENTES MAKES NO GUARANTEE ABOUT THE ACCURACY, COMPLETENESS, OR TIMELESS OF ANY INFORMATION OR CONTENT AVAILABLE ON OR VIA WEBSITEs AND/OR SERVICES. TO THE FULL EXTENT PERMITTED BY LAW, ALL INFORMATION AND CONTENT ON WEBSITEs AND/OR SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

11. Limitation of Liability

TO THE FULL EXTENT PERMITTED BY LAW, AUDIENTES AND ITS DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARTNERS, AND OTHER REPRESENTATIVES, ARE NOT LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES ARISING FROM USING, ACCESSING, OR THE INABILITY TO USE OR ACCESS, WEBSITES AND/OR SERVICES (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, INTERRUPTION OF SERVICE, DAMAGES ARISING FROM VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE, DAMAGES ARISING FROM LOSS OF DATA, PROFIT, REVENUE, USE, OR SAVINGS). WE DO NOT GUARANTEE, WARRANT, ENDORSE, OR OTHERWISE ASSUME LIABILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES PROVIDED BY A THIRD-PARTY, THIRD-PARTY CONTENT, OR THIRD-PARTY HYPERLINKED WEBSITES.

YOU AGREE THAT YOUR SUBMISSION OF ANY INFORMATION TO WEBSITES AND/OR SERVICES IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED BY LAW, AUDIENTES DOES NOT ASSUME ANY LIABILITY WITH REGARDS TO SUCH INFORMATION.

12. Indemnification

To the full extent permitted by law, you agree to defend, indemnify, and hold harmless Audientes, our officers, agents, affiliates, partners, representatives, and employees, from and against any loss, damage, liability, claim, or demand, including, without limitation, reasonable attorneys’ fees and expenses, made by any third party or arising out of: (a) your access or use of Websites and/or Services; (b) any breach by you of these Terms of Use; (c) your access or use of Websites and/or Services in a manner not expressly permitted by these Terms of Use; or (d) your use of products or services purchased via or on Websites and/or Services.

13. Severability

If any provision or provisions of these Terms of Use is determined to be unlawful, unenforceable, or void, then such provision(s) shall be severable without affecting the enforceability of remaining provisions.

14. Third-party Links and services

Websites and/or Services may contain links to websites operated by parties unaffiliated with Audientes, as well as product information, graphics, interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, or other content originating from third parties. Such links and content are provided for your convenience, and not investigated, monitored, or checked for accuracy by Audientes. Linking to, referencing, or including such content in Website and/or Services does not imply approval or endorsement of such content by Audientes.

You agree that Audientes is not responsible for any third-party websites or content. 

15. Trademarks, Copyrights, and Attributions

Websites and/or Services are the property of Audientes A/S and are protected under international copyright law and conventions. All logos and tradenames used in connection with Audientes, Ven™ by Audientes, Companion by Audientes and the Audientes App are the sole property of Audientes.

If you believe that content on Websites and/or Services violates your copyright, trademark, or trade secret, please contact Audientes at [insert email]

Apple, the Apple logo, iPad, and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.

Android, Google, Google Play and the Google Play logo are trademarks of Google Inc.

Bluetooth® and associated logos are registered trademarks owned by Bluetooth SIG.

Wi‐Fi is a registered trademark of Wi‐Fi Alliance®. 

All other trademarks are the property of their respective owners.

16. Choice of law and disputes

These Terms of use and your purchase of products on the Website is construed under and governed by Danish substantive law; i.e. exclusive of its choice of law provisions. However, this choice of law does not affect the rights you may have under applicable mandatory consumer law in the country where you are domiciled but apply in addition to the same.

In the event of a dispute, we follow the decisions of certain alternative dispute resolution bodies. To access the relevant alternative dispute resolution, if any, in the country where you are domiciled, click here.

If you are domiciled in the European Union, you also have the option to complain via EU’s web-based dispute resolution platform, which you can access here.

Notwithstanding the above, any disputes may also be settled in any competent court where you are domiciled.

 

These Terms of Use were last updated July 12, 2021, and they are effective from that date forward.