Introduction
These Terms and Conditions of Use (“Terms”)describe the rules for visitors of this website (AKUOS) and its related mobile application named AKUOS (collectively,“Sites”) that constitutes a legally binding and enforceable agreement between you and Akuos Pte. Ltd., its affiliates and subsidiaries (collectively,“Company”, “we”, “our” or “us”). For the purposes of these Terms, “you” or “your” shall mean a visitor of theSites or our target audience who may include, but not be limited to, individuals or businesses whom we interact with including patients, healthcare providers, audiologists, suppliers, contractors or consultants.
By using the Sites, you agree to be bound by the Terms, and consent to the collection, use and disclosure of personal data described inour Privacy Policy, which is incorporated by reference into these Terms. You are advised to read the Terms and Privacy Policy carefully before using theSites. If you do not agree to the Terms, please exit and leave the Site immediately.
The Sites complement our hearing assistive device (the“Device”) and enables you to optimise your hearing experience. You can easily set up, personalise and configure your settings on the Device through the Sites, install feature updates, troubleshoot common issues, contact product support and more. The Sites also serve as a platform for us to market our product and services, and all information on the Sites is strictly for general information only and does not constitute medical advice whatsoever.
Acceptance
You represent and warrant that you are of legal age and possess the legal right to accept the Terms and to use the Site in accordance with the Terms. Otherwise, you may only use the Site with the consent of your parent or legal guardian who must review and discuss the Terms with you.
If you are using the Site on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity and all reference to “you” in the Terms shall accordingly be construed to refer to that entity.
You are granted a limited, non-exclusive, non-transferable and revocable license by the Company to use the Device you have purchased on the Sites for your personal use only and in accordance with these Terms. You shall not profit from the Device by using the Device for any commercial use unless you have purchased the Device as a commercial entity, in which case you shall conduct your business activity in accordance with these Terms.The Company reserves the right to terminate your account on the Sites to restrict your use of the Device, without prejudice to any other legal right or remedy the Company may have against you, where you have acted in breach of theseTerms.
Validity
The Terms shall remain in full force and effect if you have an account with us and use the Device. We reserve the right to terminate or suspend your account at any time without notice if we believe that you have breached the Terms, or for any other reason, with or without cause, in our sole discretion.
Modifications
These Terms were last updated on Thursday 11th August 2022. We may modify these Terms in whole or in part, from time to time, at our absolute discretion and such modifications shall come into effect immediately. We may try to notify you of such modifications, for example, via a notice or pop-up notification on theSites or an email associated with your account. By continuing to access or use the Sites, you agree to be bound by the new terms. If you do not agree to the new terms, you must stop accessing or using the Sites.
Your account
You must create an account to use theDevice. By creating an account, you authorise us to collect and use certain information, including but not limited to your name, residential address, contact number and nationality. Alternatively, you may login to your account using your e-mail or Google account.Please refer to our Privacy Policy for more details on the information we collect from you and how we use it.
When you create an account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. It is also important that you keep your account password confidential and that you do not disclose it to any third party. You also agree that you are solely responsible for the activity that occurs under your account, and do not assign your account to anyone.
Fees, Refund andCancellation Policy
Fees
The Sites provide for paid services at the fees indicated therein (“Paid Services”). The Paid Services include, but are not limited to, the purchase of the Device, logistics services where you have indicated so and after purchase servicing and maintenance services. You will not be able to use the Paid Services if you do not pay these fees. You are responsible for paying all fees, applicable taxes (if any) and associated costs charged by the Company in a timely manner with a payment mechanism associated with the Paid Services. Subject to our refund and cancellation policy below, refunds may be available for Paid Services at our sole and absolute discretion.
By using the Paid Services, you agree to the following:
(a) The fees may be subject to variation in accordance with prevailing foreign exchange rates at the time of payment (if you are based overseas);
(b) Unless otherwise specified, you may pay for the Paid Services inAustralian Dollar (AUD) or Singapore Dollar (SGD);
(c) To declare and pay any local taxes as applicable on the fees for the PaidServices;
(d) You may use the credit card(s) or other payment method(s) specified by us in connection with the payment and that the information you supply is true, correct and complete;
(e) We, or our choice of payment platform, may store and continue billing your payment method (e.g. credit card) to use to pay other purchases you may make;
(f) That the actions of third-party logistics providers and payment platforms that you have selected from the options available on the Sites are not within our control and by selecting a third-party logistics provider or payment platforms, you shall hold the Company harmless against all losses and damage caused by the actions of such third-party logistics providers or payment platforms;
(g) Subject to our cancellation and refund policy, all purchases are non-refundable; and
(h) Taxes payable by you are calculated based on the billing information at the time of purchase.
We may employ the use of third-party services (“Designated Payment Methods”) for the purpose of facilitating payment and the completion of purchases. Accordingly, you represent and warrant that there are sufficient funds or credit to complete the purchase using the Designated Payment Method on our Sites.
Whilst we make best efforts to ensure that all details, descriptions and prices which appear on the Sites are accurate, there may be instances where errors may occur. In such a case, were serve the right to refuse or cancel your purchase at any time for reasons including but not limited to service availability, errors in the description or price of the service, error in your purchase, or if any unauthorized or illegal transaction is suspected, or other reasons.
Refund and cancellation policy
All purchases of the Device made on the Sites are strictly non-refundable and cancellations are not allowed. TheCompany offers a 12 months warranty on each Device from the date of purchase and you may utilize the warranty by:
a) Registering your Device at [Insert link];
b) Submitting your query at heretohelp@akuos.com and providing your serial number;
c) Providing all information regarding faults or other non-operative aspect of the Device to our customer service officers who will follow up with you on your query.
Your obligations
You hereby represent, warrant and/or undertake the following:
(a) You must not impersonate any person or entity, or otherwise misrepresent you or your affiliation with any person or entity on the Sites, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Sites;
(b) You must not do anything unlawful, misleading, or fraudulent or for an illegal or unauthorised purpose on the Sites. You must not make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Sites, including any portion thereof or determine or attempt to determine any source code, algorithms, methods or techniques embodied on the Sites or any derivative works thereof;
(c) You must not do anything unlawful, misleading, or fraudulent or for an illegal or unauthorised purpose on or using the Device. You must not make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Device or the technology contained therein, including any portion thereof or determine or attempt to determine any source code, circuit arrangement, chip function, circuitry, design, algorithms, methods, techniques or assemble embodied on the Device nor any derivative works thereof;
(d) You must not distribute, license, transfer, or sell, in whole or in part, any of the content of the Sites, the Device, or any derivative works thereof unless permitted to under these Terms;
(e) You must not violate (or help or encourage others to violate) these Terms or our policies, including the Privacy Policy;
(f) You must not do anything (or attempt) to interfere/tamper with, disrupt or impair the intended operation of the Sites or the Device, disrupt our website or any networks connected to the Sites or the Device, or bypass/circumvent any measures we may use to prevent or restrict access to the Sites or the Device;
(g) You must not attempt to create accounts or access or collect information in unauthorised ways including creating accounts or collecting information inan automated way on the Sites without our express permission;
(h) You must not post, on any medium, app, platform or channel, private or confidential information of anyone else including taking a photo, screenshot or copy, reproduce, replicate, adapt, transcribe, duplicate, electronically or otherwise, personal data or information of another user or do anything on the Sites that violates someone else's rights, including intellectual property;
(i) You must not intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age on the Sites;
(j) You must not use the Sites in a manner that may create a conflict of interest or undermine the purposes of theSites, such as trading reviews with other users or writing or soliciting shill reviews;
(k) You must not use the Sites to upload, transmit, distribute, store or otherwise make available in any way:
i. files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
ii. any unsolicited or unauthorised advertising, solicitations, or any other prohibited form of solicitation;
iii. any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document or credit card numbers;
iv. any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person;
v. any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
vi. any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
vii. any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
viii. otherwise any material that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Sites, or which may expose the Sites or its users to any harm or liability of any type.
(l) Where you are an entity, the additional requirements under this sub-clause (l) shall apply to you. You shall not:
i. Misrepresent the functions, use or any other specification of the Device to your customers who are purchasing or have purchased the Device;
ii. You shall not, in the course of operation of your business, make any adverse or derogatory comment about theCompany, its directors or employees, nor do anything which shall, or may, bring the Company, its directors or employees into disrepute or otherwise attempt to taint the Company’s goodwill; and
iii. You shall indemnify the Company for any losses suffered by the Company in the course of, or as a result of, your sale of the Device to your customers.
Copyright
All content, text, links, graphics, logos, icons, photos, audio, videos or other materials uploaded, downloaded or appearing on the Sites or accompanying the Device (collectively, the “Content”) is owned and controlled by us and/or our licensors and is protected by worldwide copyright laws. You may download or review the Content strictly for non-commercial purposes only, for which we grant you a limited, non-exclusive, non-assignable and non-transferable licence for that purpose, provided you comply with these Terms.
You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on theSites nor use any such Content in connection with any business or commercial enterprise. We reserve the right to terminate the limited license granted by us if there is any unauthorized use of the Content.
Trademarks not owned by us that appear on the Sites are a property of their respective owners who may not be affiliated with or connected to us. You agree to comply with all copyright, trademarks and other proprietary rights of such third parties when you use the Sites. We will not be responsible for any copyright, trademark or proprietary rights infringements caused by third party material on the Sites.
Intellectual Property Rights
We own (and are entitled to enforce) all proprietary rights in the Sites, and in all Content, copyright, trademarks, trade names, service marks and other intellectual property rights related thereto. The Sites contains copyrighted material, trademarks, and other proprietary information by us and/our licensors. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
Disclaimer
We do not offer any form of advice. We are not medical practitioners; we do not practice medicine or provide medical services or advice. The information on the Sites is strictly for general information only and do not constitute any advice whatsoever. Please talk to your healthcare professional if you require medical attention.
We make no guarantees, representations or warranties, whether express or implied, with respect to the use of the Device or the Sites. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content.
We are not a party in any of the dealings or fulfilment of the services between the user and the healthcare provider (where applicable). While we aim to ensure to the best of our ability the professionalism, qualifications and integrity of the healthcare providers or audiologists who may render assistance to you in respect of your Device, we cannot and do not guarantee the full quality, safety or legality of the services performed by them and fully disclaim any liability for the services rendered by them in respect of your Device.
We are not responsible for the conduct of any user. We may not be able to deliver the Device or Sites to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. You agree that we and our affiliates, subsidiaries, related entities or its partners shall not be liable (directly or indirectly) for any losses, damages or refunds whatsoever, whether direct, indirect, general, special, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site and/or any other damages resulting from communications with other users or persons you meet on or through the Sites (where applicable). You agree to take all necessary precautions in all interactions with other users.
The accuracy of data, programs or materials accessed through this Site is based on our information and data. We make no representation concerning its completeness, truth, accuracy or its suitability for any particular purpose.Users should rely on their own independent investigations. Before relying on any information accessed through this website or application, a user should:
· carefully evaluate the accuracy, currency, completeness and relevance to their own circumstances of the information for the purpose for which it is to be used; and
· obtain any appropriate professional advice, including professional advice from a registered medical practitioner, relevant to the user’s particular circumstances.
Third party content
The Sites may contain hyperlinks to websites or platforms operated by third parties. We do not control such websites or platforms and we do not review, control or monitor the materials found there. We are not responsible for their content or privacy practices. Such hyperlinks are inserted for convenience and reference only and are not an endorsement of material at those sites, or any associated organization, product or service. It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites or apps.
Information, data, programs or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may infiltrate or become accessible through the Sites due to circumstances beyond our control and we make no representation as to the suitability of the information accessible for viewing by minors or any other persons.
By using the Sites, you will be assuming all risks associated with use of the website including risk of your computer, software or data being damaged by any virus which might be transmitted to or activated via the Sites or your access to it.
Relationship
Nothing in these Terms shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
Indemnity
You hereby agree to defend, indemnify, and hold harmless to the fullest extent the Sites, theCompany, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and/or all claims, liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under theseTerms.
Where you are an entity, you agree to defend, indemnify, and hold harmless to the fullest extent the Sites, the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and/or all claims, liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorneys’ fees and expenses, arising out of the breach of these Terms by your representatives or officers.
Warranties
The Sites are provided on an “AS IS” and “AS AVAILABLE” basis. We make no representation on the Device save for any representations or statements of fact stated in any fact sheet or device specification sheet contained with the Device.
We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Sites or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Sites or anyContent; (iii) the deletion of, or the failure to store or to transmit, anyContent and other communications maintained by the Sites; and (iv) whether the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. To the maximum extent permitted under applicable law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
WE DO NOT CONTROL OR DIRECT WHAT PEOPLE AND OTHERS, INCLUDING ANY THIRD-PARTY LOGISTICS PROVIDERS DOOR SAY, AND WE ARE NOT RESPONSIBLE FOR THEIR ACTIONS OR CONDUCT (WHETHER ONLINE OR OFFLINE, IN RELATION TO THE SITES OR DEVICE) OR ANY CONTENT THAT THEY SHARE(INCLUDING OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL AND OTHER OBJECTIONABLE CONTENT).
WE CANNOT PREDICT WHEN ISSUES MAY ARISE WITH THE SITES. ACCORDINGLY, OUR LIABILITY SHALL BE LIMITED TOTHE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND UNDER NO CIRCUMSTANCES WILL THE SITES OR THE COMPANY NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, DIRECTORS PARTNERS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE(DIRECTLY OR INDIRECTLY) IN ANY WAY TO YOU WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY DIRECT OR INDIRECT ECONOMIC OR FINANCIAL LOSS OR DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE,PROFITS, GOODWILL, REPUTATION, INFORMATION OR DATA) OR CONSEQUENTIAL, SPECIAL,INDIRECT, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES HOWSOEVER CAUSED OR ARISING FROM ANY BREACH OR FAILURE OF THE COMPANY TO PERFORM ANY OF ITS OBLIGATIONS UNDER THESE TERMS.
THESE LIMITATIONS ONOUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SITE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOUAND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES,SUBSIDIARIES, RELATED ENTITIES, DIRECTORS PARTNERS, OFFICERS, EMPLOYEES OR AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL)OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Amendments
The Company reserves the unfettered right to modify theSites with or without notice. You agree that the Company shall not be liable toyou or to any third party for any modification, suspension or discontinuance of the Sites. You are responsible for regularly reviewing the content to obtain timely notice of such amendments.We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any content on the Sites, limit distribution or visibility of any content on the Sites, and suspend or terminate users, without liability to you.
Third party rights
No person who is not a party to these Terms shall acquire any rights under it or be entitled to benefit from it even if that person has relied on any such term or has indicated to any party to these Terms its assent to any such term.
Governing Law
These Terms (and the Privacy Policy) shall be governed by and interpreted in accordance with the laws of the Republic ofSingapore.
All disputes, controversies, or differences arising out of or in connection with these Terms shall first be attempted to be mediated and resolved internally between the Parties. The Parties hereto agree to participate in the internal mediation in good faith. The disputes, controversies or differences shall be referred within seven (7) days to the SingaporeMediation Centre in the event the internal mediation does not work. The Parties agree to participate in mediation in good faith and undertake to abide by the terms of any settlement reached.
If the dispute cannot be resolved by mediation within sixty(60) days of the date that it is referred to mediation, then the dispute shall be submitted to the non-exclusive jurisdiction of the Courts of Singapore.
General
(a) The Company does not warrant that your access and usage of the Sites will always be safe and seamless in its operation. The Sites may face delays, errors, service disruptions, time-outs and may even ‘hang’ (collectively, “Disruptions”). The Company shall not be responsible for any of these Disruptions and the Company disclaims liability for any claims, costs and damages known or unknown that may arise out of theDisruptions.
(b) You undertake not to utilise the Sites to do anything unlawful and criminal in nature. You agree to indemnify, defend and hold the Company and its staff harmless from any loss, liability, claim or demand arising out of or in connection with your access and use of the Sites and/or your breach of these Terms.
(c) The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.
(d) You shall not assign or purport to assign any of your rights or obligations under these Terms without the prior written consent of the Company and any such assignment or purported assignment shall be null and void.
(e) If at any time any provision in these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the remaining provisions of these Terms shall not be affected or impaired thereby.
(f) No failure on the part of the Company to exercise and no delay on the part of theCompany in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any right under these Terms by the Company preclude any other or further exercise of it.
(g) TheseTerms contains the whole agreement between you and the Company relating to the subject matter hereof to the exclusion of any terms implied by law which may be excluded by contract and supersedes any previous written or oral agreement between you and the Company in relation to the matters dealt with in theseTerms.
Google Analytics / Usage Information
(a) We useGoogle Analytics to understand how our customers engage with our business so you we can deliver better experiences and drive results.
(b) We do not use cookies to track your activity on the Sites or across other sites.Google Analytics uses event-based measurement architecture, pure interaction data such as page loads, button clicks, conversion events, and transactions to generate anonymized data for the Company’s analysis.
The Company gathers certain information and stores them in log files automatically in order to improve the Site’s services. This information includes operating system, internet protocol addresses, internet service provider, referring/exit pages, files viewed on the Sites, date/timestamp, clickstream data and/or browser type. This information may be combined with other information the Company collects about users.
(c) TheCompany and/or its service providers may use local storage to store content information and preferences.
Supplemental Terms – App Stores
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing theSites through specific devices:
Apple
Apple is not a party to theseTerms.
The license granted to you here under is limited to a personal, limited, non-exclusive, non-transferable right to install the Sites on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the UsageRules set forth in Apple’s App Store Terms of Services.
Apple is not responsible for the Sites or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Sites.
In the event of any failure of the Sites to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Sites, if any, to you. To the maximum extent permitted by applicable law,Apple will have no other warranty obligation whatsoever with respect to the Sites.
Apple is not responsible for addressing any claims by you or a third party relating to the Sites or your possession or use of the Sites, including without limitation (a) product liability claims; (b) any claim that the Sites fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Sites or your possession and use of the Sites infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.
Google Play
By downloading the Sites from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”),you specifically acknowledge and agree that:
· To the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business andProgram Policies or such other terms which Google designates as default enduser license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in theseTerms, the Google Play Terms shall apply with respect to your use of the Sites that you download from Google Play, and;
· You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by the Company or you (or any other user) under these Terms or the Google Play Terms.
