Terms and Conditions

Agreement Between User and Auricle Inc.

Welcome to Auricle Inc. The website www.auriclehearing.com provides information on hearing aids, hearing care, hearing aid accessories, custom earmolds & earplugs, and assistive listening devices. Additionally, you can purchase hearing products and make inquiries through the site.

 

The website www.auriclehearing.com is comprised of multiple web pages operated by Auricle Inc. Your use of www.auriclehearing.com is subject to the terms, conditions, and notices outlined herein (the "Terms"), which you agree to without modification. By using www.auriclehearing.com, you acknowledge your acceptance of these Terms. We encourage you to review these terms carefully.

 

Electronic Communications

When you visit www.auriclehearing.com or send emails to Auricle Inc., you are engaging in electronic communications. By doing so, you give your consent to receive electronic communications from us. You also agree that any agreements, notices, disclosures, and other communications we provide to you electronically, either via email or on the website, fulfill all legal requirements for written communication.

 

Cookies

At www.auriclehearing.com, we utilize cookies to enhance your browsing experience. By accessing the website, you have agreed to the use of cookies as outlined in Auricle Inc.'s Privacy Policy. Cookies are commonly employed by interactive websites to retrieve user details during each visit. They enable certain areas of our website to function smoothly, ensuring a user-friendly experience. Please note that some of our affiliate or advertising partners may also use cookies.

 

Your Account

By using this site, you bear the responsibility of maintaining the confidentiality of your account and password, as well as restricting access to your computer. You agree to accept liability for all activities that occur under your account or password. Your account is non-transferable to others. You acknowledge that Auricle Inc. is not liable for unauthorized access to your account resulting from theft or misuse. Auricle Inc. and its associates retain the right to refuse or cancel service, terminate accounts, or modify or remove content at their sole discretion.

Auricle Inc. does not knowingly collect personal information from individuals under the age of eighteen, either online or offline. If you are under the age of 18, you may only use www.auriclehearing.com with the permission of a parent or legal guardian.

 

No Unlawful or Prohibited Use/Intellectual Property

By using www.auriclehearing.com, you are granted a non-exclusive, non-transferable, and revocable license to access and utilize the website strictly in accordance with the terms of use. It is a condition of your use that you warrant not to engage in any unlawful or prohibited activities as outlined in these Terms. You must refrain from using the Site in a way that could cause damage, disable, overburden, or impair its functionality, or interfere with the use and enjoyment of the Site by other parties. You are prohibited from accessing materials or information through any means that are not intentionally provided or made available through the Site.

The Service includes various forms of content, such as text, graphics, logos, images, and their compilation, as well as any software utilized on the Site. This content is the property of Auricle Inc. or its suppliers and is protected by copyright and other intellectual property laws. You are required to respect and comply with all copyright and proprietary notices, legends, or restrictions embedded in the content, and you must not modify them in any way.

You are strictly prohibited from modifying, publishing, transmitting, reverse engineering, participating in the transfer or sale, creating derivative works, or exploiting any content, whether in whole or in part, that is available on the Site. The content provided by Auricle Inc. is not intended for resale. Your use of the Site does not grant you the right to make any unauthorized use of the protected content, and specifically, you must not delete or alter any proprietary rights or attribution notices associated with the content. Protected content may only be used for personal purposes, and any other use requires the express written permission of Auricle Inc. and the copyright owner. You acknowledge that you do not acquire any ownership rights in the protected content. No licenses, either express or implied, to the intellectual property of Auricle Inc. or its licensors, are granted to you, except as expressly authorized by these Terms.

 

Indemnification

You agree to indemnify, defend, and hold harmless Auricle Inc., its officers, directors, employees, agents, and third parties from any losses, costs, liabilities, and expenses (including reasonable attorney's fees) arising from or related to your use of the Site or services, any user postings made by you, your violation of this Agreement or the rights of a third party, or your violation of any applicable laws, rules, or regulations. Auricle Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with Auricle Inc. in asserting any available defenses.

 

Class Action Waiver

Arbitration under these Terms and Conditions will be conducted on an individual basis. Class arbitrations, as well as class, representative, or collective actions, are not allowed. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY CLAIMS BROUGHT AGAINST EACH OTHER MUST BE MADE SOLELY ON AN INDIVIDUAL BASIS. CLAIMS CANNOT BE BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY POTENTIAL CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, INCLUDING ACTIONS IN THE FORM OF A PRIVATE ATTORNEY GENERAL. Additionally, unless both parties agree otherwise, the arbitrator is prohibited from consolidating claims from multiple individuals and is not authorized to preside over any form of representative or class proceeding.

 

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED ON THE SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. AURICLE INC. AND/OR ITS SUPPLIERS MAY PERIODICALLY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AND ITS CONTENT.

AURICLE INC. AND/OR ITS SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS PROVIDED ON THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AURICLE INC. AND/OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AURICLE INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF AURICLE INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME PROVINCES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IN THE EVENT OF ANY DISPUTE, THE TERMS AND CONDITIONS SET FORTH BY AURICLE INC. WILL ALWAYS PREVAIL.

 

Opt out procedures

By making a purchase on www.auriclehearing.com or requesting information, you choose to opt-in to our customer contact, which includes occasional emails for warranty tracking and confirmation, customer follow-up, product and accessory sales, discounts, and newsletters. While many customers appreciate these offers, we respect your right to unsubscribe from this service. To stop receiving future email communications, please send an email to info@auriclehearing.com.

 

Termination/Access Restriction

Auricle Inc. has the right to terminate your access to the Site and its services, or any part of it, at any time and without notice, at its sole discretion. This agreement is governed by the laws of Canada, and you agree to submit to the exclusive jurisdiction and venue of the courts in Canada for any disputes related to the use of the Site. If any provisions of these Terms are not enforceable in a particular jurisdiction, it does not affect the validity of the remaining provisions.

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship is created between you and Auricle Inc. as a result of this agreement or your use of the Site. Auricle Inc. is subject to existing laws and legal processes, and it may comply with governmental, court, and law enforcement requests or requirements regarding your use of the Site or information provided to or gathered by Auricle Inc. in relation to such use. If any part of this agreement is found to be invalid or unenforceable according to applicable law, including the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be replaced with a valid and enforceable provision that most closely matches the intent of the original provision, and the rest of the agreement will remain in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Auricle Inc. regarding the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Auricle Inc. regarding the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

 

To ensure a proper fitting of a hearing instrument, the following may be needed:

  • Audiogram: An audiogram is a graphical representation of your hearing test results. It helps the hearing care professional understand your hearing loss and determine the appropriate settings for your hearing instrument.
  • Ear impression: An ear impression is a mold or impression of your ear canal. It is used to create a custom-fit hearing aid or earmold that sits comfortably and securely in your ear.
  • Lifestyle and hearing needs assessment: The hearing care professional will discuss your lifestyle, communication needs, and specific hearing difficulties you may be experiencing. This information helps in selecting the most suitable hearing instrument features and settings for you.
  • Communication goals: Clearly communicating your expectations and goals with the hearing care professional is important. Whether it's improving speech understanding in noisy environments, enhancing music listening, or other specific needs, expressing your goals helps in choosing the appropriate technology.
  • Hearing instrument selection: Based on the above information, the hearing care professional will recommend suitable hearing instrument options that match your hearing loss, lifestyle, and preferences. Factors such as style, features, and budget may also be taken into consideration.
  • Fitting and programming: Once the hearing instrument is selected, the hearing care professional will fit and program it according to your specific needs. This involves adjusting the amplification, frequency response, and other settings to optimize your hearing experience.
  • Follow-up appointments: After the initial fitting, follow-up appointments are essential to fine-tune the hearing instrument settings, address any concerns or issues, and ensure your continued satisfaction with the device.

It's important to consult with a qualified hearing care professional who can guide you through the fitting process and provide personalized recommendations based on your individual hearing needs.

 

Changes to Terms

Auricle Inc. reserves the right, in its sole discretion, to change the Terms under which www.auriclehearing.com is offered. The most current version of the Terms will supersede all previous versions. Auricle Inc. encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Auricle Inc. welcomes your questions or comments regarding the Terms. Please send an email at:

info@auriclehearing.com

© 2024 Auricle Inc.