Terms and Conditions Prescription Hearing
Prescription Hearing a Jadan Group Ltd. Company (“Prescriptionhearing.com”, “Site”, “We”, “The Company”) owns and operates this website. This document governs your relationship with Prescriptionhearing.com (“website”). Access to and use of this website and the product and services available through this website (collectively, the “services”) are subject to the following terms, conditions, and notices (the “terms of Service”). By using the Services, you are agreeing to all the Terms of Service that may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You have been informed by Prescription Hearing that the Food and Drug Administration has determined that your best health interest would be served if you had a medical evaluation by a licensed physician (preferably a physician who specializes in diseases of the ear) before purchasing a hearing aid. All information supplied through this website as well as by our employees through any and all forms of communication including but not limited to email, telephone, or fax is strictly for informational purposes and general guidance and does not constitute medical or other professional advice. Prescription Hearing holds in good faith that all hearing test results submitted for the purchase of hearing aids were conducted by licensed professionals. Prescription Hearing takes no responsibility to confirm or validate any hearing test results submitted on this website, email, fax, mail, etc. by you.
When purchasing a hearing aid from Prescription Hearing, you acknowledge that you are at least 18 years of age and that you have been advised by Prescription Hearing that the Food and Drug Administration has determined that your best health interest would be served if you had a medical evaluation by a licensed physician (preferably a physician who specializes in diseases of the ear) before purchasing a hearing aid. You do not wish a medical evaluation before purchasing a hearing aid.
You must not misuse this Website. You will not commit or encourage a criminal offense, transmit or distribute a virus, Trojan, worm, logic bomb or any material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Prescriptionhearing.com will report any such breach to the relevant law enforcement authorities or disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software, and Content
The intellectual property rights in all software and content (including photographic images) made available to you through this Website remains the property of Prescriptionhearing.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Prescriptionhearing.com and its licensors. You may store, print and display the content solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product and are subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Prescriptionhearing.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Prescriptionhearing.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm your identity of the third party which you have contracted with. This will usually be Prescriptionhearing.com or may in some cases be a third party. Where a contract is made with a third party Prscriptionhearing.com is not acting as either an agent or principle and that contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place the order and that there are sufficient funds to cover the cost of goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of you order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you a confirmation e-mail that the goods which you ordered have been shipped to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the corrected price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the “Total Cost”.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have seen the confirmation e-mail the monies paid as a deposit shall be used as consideration for the value of the goods you have purchased as listed in the confirmation e-mail.
All products purchased from Prescription Hearing are subject to a 45 day money back guarantee less a $39 programming and processing fee as well as return shipping costs. Prescription Hearing will not refund products that were modified or damaged through no fault of Prescription Hearing.
All products sold on this site are typically shipped ground and billed to Prescription Hearing. Risk of loss passes to the purchaser upon delivery of our products to a common carrier. Shipping fees on return will be incurred by the user. This Website is intended for a United Sates audience. If you live outside the United States you may see products on this website not available or authorized in your country. In addition, Prescription Hearing will not be able to cover shipping costs and customs costs.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Prescriptionhearing.com and its suppliers, content providers and advertisers herby expressly exclude all conditions, warranties, and other terms which otherwise may be implied by statue, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data, or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitution goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statue, at common law or otherwise. This does not affect prescriptionhearing.com liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link form any Website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
You agree to indemnify, defend and hold harmless prescriptionheairing.com, its directors, officers, employees, consultants, agents, and affiliates, from any third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Services.
Prescriptionhearing.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provisions in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
We operate a complaints handling procedure which we will try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Prescriptionhearing.com. Any waiver of any provision of the Term of Service will be effective only if in writing and signed by a Director of Prescriptionhearing.com.