By creating a hearX account and by completing a purchase for the hearScreen USA programme, you hereby agree to the following terms and conditions
We are a mHealth Solutions company, within the smart technology space, which provides technology and solutions for a subset of health care services. Our headquarters are situated in Pretoria, South Africa.
Use of Site
“ Site” refers to any of our hearX portals and websites, including hearscreenusa.com and the hearScreenUSA portal. You may only use our sites to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
Use of the hearScreen USA referral management portal is intended for legitimate use by the use of information provided on consent by a user, in order for an audiologist (registered on the system) to provide relevant information and services to such a user. The information provided may not be disseminated in contradiction to HIPAA, neither may the information provided be used to spam users with marketing content (or any other unsolicited information). Contradiction of this shall be a gross breach of these terms and conditions and can result in the removal of the audiologist or user from the service.
Disclaimer of Warranty
The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non- infringement. The owner of this site, the authors of this contents and in general anybody connected to this site in any way, from now on collectively called "Providers", assume no responsibility for errors or omissions in this content. The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of this content. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
We reserve the right to:
Modify or withdraw, temporarily or permanently, the service or Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
Change these Conditions from time to time, and your continued use of the service or Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the service and Website.
We will use our reasonable endeavors to maintain the service and Website. Both are subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Service or Website or because of a failure, suspension or withdrawal of all or part of the Service or Website due to circumstances beyond our control.
Terms & Conditions
1. Basis of Contract
1.1 We (we, our or us) are hearX SA (Pty) Ltd, a company registered in the Republic of South Africa under registration number 2015/193076/07.
1.2 These terms and conditions (Terms) form the basis of the legal relationship between you (product user, website browser, one who procures or makes contact) and us under which we agree to provide you with our equipment, services, software, hardware, tools, know how, content (the Services).
1.3 These Terms create the contract between us for the Services. They will become binding on you and us when you elect to utilize our Services.
2. Supply of Services
2.1 “The Services” are comprised of:
The websites, hearxgroup.com, hearscreenusa.com and linked ordering systems and referral management systems (Website); and
hearScreen USA and hearDigits software, and other products as added from time to time; and
2.2 The Services are provided to you as follows:
You order and purchase the relevant products, whether through our ordering system or through a manual ordering process
You subscribe to our online portal and/or create yourself an account (or an account for any of our standalone applications, including, but not limited to a hearX account)
You customize and install the hearDigits widget on a website to perform screenings as allowed for by your subscription.
The results thereof are then stored on our backend servers and, if applicable to your service, will be accessible through the relevant portal.
You add subscriptions to each geolocation for the hearScreen USA referral system
We provide services through our online portals which will allow you to manage your uploaded data and download relevant reports.
You complete the request for us to contact you via our information page
2.3 The Services are provided solely to you. No transfer online portal or test device login details to other parties is permitted. It is your responsibility to secure the integrity of your password, ensuring the complexity of the password and that it is changed from time to time.
2.4 Any service you choose to render to users that you contact through our system, will be at your discretion and liability. hearX is in no way connected (and you shall not be permitted to create an alternative impression) to your services. Continued complaints by users of your service may result in your removal from our platform, at our discretion.
3. Disclaimer of Services
3.1 The Services are intended to provide the services as described on the website from time to time, with the intention for professional follow up consultation with a qualified service provider after initial screenings are conducted. The Services only flag potential hearing problems and are not intended as a full diagnostic tool.
3.2 We do not proclaim to be providing any form of audiology services, but rather, simply a platform that allows for mass screening of hearing ability.
3.3 The Services are not a substitute for a visit to a medical professional or audiologist, and you/the patient should not delay seeking medical or audiological advice or disregard medical/audiological advice you/the patient have received on the basis of the Services.
4. Charges and Payment
4.1 All payments through our online ordering system will be processed in Untied States Dollar (USD)
4.2 The fees for the Services (listed in §2.1) are stated on the Websites (Fees). The Fees you will pay will be those stated at the time you subscribe to the Website for the Services or at the time your subscription automatically renews.
4.3 Only payment by credit card shall be accepted. Software subscriptions are payable in advance for the annual period. Software subscriptions will automatically renew, unless cancelled.
4.4 If you are unsure of the type of service or recurrence of payment which you are subscribing for, it remains your responsibility to contact us for clarity before purchasing such goods
4.5 Your subscription will be automatically renewed unless you cancel your subscription in writing for the Services within seven working days before the end of the subscription period. This may also be done from within your online portal account.
4.6 We reserve the right to change our pricing at any time, without any prior notice.
4.7 We accept payment by all major credit cards and use the external service provider, Stripe, to securely collect such payments. We do not store credit card details.
4.8 For more information about how to order, or for special order requirements and other payment options, please contact our Support Team on firstname.lastname@example.org or on +1 415 212 5500
5.1 When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.
5.2 Services are occasionally opened for purchase early, on a pre-order special. The launch date of our products are clearly stated upon purchase. You understand that your credit card shall be debited upon payment, even though the service is only being made available later. We shall ensure that the second annual subscription debit date shall only be 12 months after the launch of the product.
5.3 You understand that failed payment (or the failure to renew a subscription) will result in your removal from the services.
6. Data Protection and Privacy
6.1 We use several security procedures to protect your personal information and data from unauthorized access or disclosure and to ensure compliance with data protection standards.
6.2 All sensitive data transferred from you to us is encrypted by HTTPS.
6.3 Account passwords are stored using one-way encryption and so cannot be retrieved or decrypted
6.4 All systems, both web servers and database servers, sit behind a firewall restricted to only necessary ports for running the Website and all sensitive areas of the Website and App (login and account sections) run over industry standard secure SSL-encrypted protocols to prevent interception and unwanted access to accounts.
6.5 Your payment details are not shared with or held by us at any time, and we do not store them on our servers. We use a trusted third party payment provider, Stripe, to securely store your payment information. Stripe has access to your payment information solely for the purposes of fulfilling this task.
6.5.1 Stripe process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified ensuring the cardholder and merchant that nobody can impersonate Stripe to obtain confidential information.
6.5.2 Stripe is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Stripe Internet servers are protected by firewalls and intrusion detection systems.
6.5.3 The Merchant (hearX) does not have access to credit details.
6.5.4 Stripe continually reviews and enhances its security in line with technological changes.
6.6 We also use the following third-party service providers for the purposes of storing and protecting your personal information and data:
6.6.1 Google for Google Analytics
6.6.2 Crashlytics for bug tracking
6.6.3 Amazon for data storage
7. Use of your data
7.1 By uploading your screening and/or testing, patient and facility data to the Website, and/or Portal and/or App, you explicitly consent to the information being processed for the purposes of the provision of the Services and to be used anonymously for the purposes of research and testing of the Services software. As such, your data may from time to time be reviewed by our employees or third-party consultants engaged by us.
7.2 All third-party service providers mentioned in these Terms are subject to similar privacy obligations as are contained in these Terms.
7.3 You grant us a transferable, sub-licensable, royalty-free, worldwide, perpetual license to use anonymously any of the data and data that you upload to the Website, and/or Portal and/or App for the purposes of medical, clinical and/or commercial research.
7.4 Following termination of the contract for Services, your portal and/or hearX account will be suspended and remain dormant until such time as you may start using the Services again. We will retain and protect your personal information in the usual way during this period and you explicitly consent to your data continuing to be used anonymously for the purposes of medical, clinical and commercial research, and for testing of the Services software.
7.5 If you elect to terminate the Services and permanently delete your account, we will retain your personal information and services indefinitely. You also consent to their continued use, in anonymous form only, for the purposes of medical, clinical and commercial research, and for testing of the Services software.
8.2 We use anonymous and “analytical” cookies. These allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our website works, for example by ensuring that users are finding what they are looking for easily.
9. Limitation of Liability
9.1 Nothing in these Terms shall limit or exclude our liability for:
9.1.1 death or personal injury caused by our negligence;
9.1.2 fraud or fraudulent misrepresentation; or
9.1.3 for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.
9.2 Should you make use of our Services for commercial or business purposes, we shall not be liable for any pure economic loss, loss of profits, loss of business, loss of revenue, loss of contract, loss or depletion of goodwill and/or business opportunity, loss of anticipated earnings or savings or like loss; wasted management, operational or any other unforeseeable special, indirect or consequential losses.
9.3 Our total liability under or in connection with the contract (whether in contract, tort, breach of statutory duty, restitution or otherwise) in respect of all and any loss or damage howsoever caused shall in no circumstances exceed the Fees actually paid by you to which the loss relates.
9.4 Except as set out in these Terms, all warranties, other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
10. Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
14. Updating of these Terms and Conditions
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
I understand that all the designs and trademarks are registered to hearX Group (Pty) Ltd and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by hearX Group (Pty) Ltd for any civil action or any legal action deemed necessary against me.
Either party may terminate this contract on 30 days’ notice using the option to cancel on your ‘Account’ page within your portal account or in writing via the Contact details provided below.
16. Contact Details
hearX Group (Pty) Ltd can be contacted through the following channels:
Physical and Postal address: Ground Floor, Building 2, Ashlea Gardens Office Park, 180 Garsfontein Road, Ashlea Gardens, 0081, Pretoria, South Africa
Email address: email@example.com
South Africa (+27 (0)12 030 0268);
United States of America (+1 415 212 5500);
United Kingdom (+44 1246 385500)
A copy of the ECT Act is available at http://www.polity.org.za/pol/acts/2002.
firstname.lastname@example.org or through the contact details as listed on www.hearxgroup.com which may change from time to time.
HEARX GROUP (PTY) LTD & HEARX SA PTY (LTD) REFUND POLICY
This Refund Policy regulates the extent to which you may cancel your purchases made on the Website and be refunded therefore, either before or after having received the product, as well as what your remedies are if the product you received is defective. It also explains the process you need to follow in order to properly cancel a purchase, report a defect, arrange for a return etc. You are not entitled to any refund, repair or replacement save to the extent that it is expressly provided for under this Refund Policy in its sole discretion and without being obliged thereto, chooses to give you a refund, repair or replacement. Your rights to cancel, return &/or be refunded
1.1 Early Cancellations
You are entitled to cancel (either in whole or in part) any purchase with a 10% of the purchase price penalty fee if you cancel prior to the packaging of the products so purchased, and you effect such cancellation by contacting our sales team at email@example.com. If timeously cancelled as aforesaid, you will be refunded in respect of such cancelled purchase (including delivery charges), without any administrative or other charges being payable EXCEPT the 10% penalty fee mentioned above, provided that, should a sale only be partially cancelled and delivery charges as re-calculated on the value of the revised order exceed the delivery charges as calculated on the original order, you shall be liable for the amount of such excess delivery charges.
1.2 Late Delivery & Stock Shortages
If a product you have purchased is not collected or delivered within the agreed delivery period (or where no specific period was agreed, within 30 days after having purchased the Product) you are entitled to cancel such purchase on 7 days notice to the seller of such product. Email firstname.lastname@example.org with your cancellation request. Should a product that you’ve ordered be out of stock, the seller thereof will notify you thereof, whereupon: In the event of a temporary out-of-stock situation, you shall be entitled either to cancel the order and be fully refunded, or to maintain the sale subject to a later delivery date as may be agreed. In the event of a permanent out-of-stock situation, you shall be entitled to be fully refunded. In being ‘fully refunded’ as aforesaid, you will be refunded the relevant purchase price and delivery charges, without having to pay any administrative or other charges.
1.3 Incorrect Product Delivered
If the incorrect Product is delivered to you (i.e. it is not the Product you purchased), please do not remove the Product from its original packaging, open or use the Product in any way. Please promptly contact us at: email@example.com , so that we can resolve the mistake by arranging to collect such Product from you and deliver the correct Product to you, as quickly as possible.
1.4 Non-defective products
Save for certain EXCEPTIONS (as listed below), you are entitled, after your receipt of a product purchased by you, to cancel that purchase within the relevant COOL OFF PERIOD of 7 days, and to obtain a full purchase price refund, subject to being charged by us for the return of the product. Note that although you are entitled to ‘cool off’ and cancel your purchase as aforesaid, the product must be returned in the condition you received it and by following the procedure set out in the ’Return & Refund Process’ section below. So, if you wish to return any non-defective product delivered to you for a refund as aforesaid, please do not remove the product from its original packaging and/or use or wear the Product. Remember that we may hold you liable for any damage you cause to the product (including its packaging) while in your possession. POSSIBLE LENIENCY BY us: Although your right to return non-defective products bought from us is as set out above, if you want to return a non-defective product you purchased from us after the aforesaid 7 day cooling off period and/or the non-defective product returned is not in the same condition as when it was delivered to you, we may, in our sole discretion, decide to give you a partial refund on that purchase.
1.5 Defective Products
GENERAL RULE: If, within 6 months after delivery of a product: If you find that the product is defective/faulty, or unsuitable for the purpose for which it was indicated in the product description (or otherwise generally intended), or not legal, or not reasonably durable (based on circumstances and product type) (hereinafter referred to as being “Defective”); and you return such product to us in the manner set out in the “Return & Refund Process” section below (being the ONLY manner in which returns will be accepted by the relevant seller) And the product is subsequently found: To indeed be Defective, you are entitled to either (a) have the product repaired or replaced by us, or (b) be fully refunded. Not to be Defective, you will not be entitled to any refund, or free replacement or repair, and you may be liable for the costs incurred in having such product collected from and returned back to you. WHEN IS THE PRODUCT ‘DEFECTIVE’? Please note that the following issues/problems will NOT render the product damaged, defective or unsuitable as aforesaid and will not entitle you to any repair, replacement or refund: Faults resulting from normal wear and tear. Where you, or someone unauthorized to do so by us, has altered, repaired or damaged the product (via misuse or abuse). IMPORTANT: you should refuse to accept delivery of any product which is visibly damaged, and if you only discover the damage after the courier has left (e.g. a cracked screen), then you must report it to us, as soon as possible and within 48 hours. If only reported after 48 hours, it is reasonable for us to determine that the damage was caused post-delivery. Photographic equipment which shows evidence of (a) impact, sand, liquid or moisture damage; (b) dropping, mishandling or tampering; (c) battery or chemical corrosion; (d) damage caused by connected equipment; or (d) use contrary to the applicable instruction manual Used products not being in an ‘as new’ condition. Defective software resulting in undocumented and unresolvable behaviour. EXCEPTIONS TO THE GENERAL RULE: Special Offers: If the product was ordered pursuant to a “Special Offer” and such product is no longer being offered at the special price, should you elect to have the product repaired or replaced (as opposed to being refunded), you acknowledge and accept that the seller may only be able to repair, not replace same. Manufacturer Warranties/Guarantees: Certain products may carry additional manufacturer’s warranties/guarantees which are wider in scope, and/or longer in duration, than the 6 month warranty generally provided (as discussed above). Consequently, if a defect is discovered AFTER 6 months from delivery, you could still rely on the following:
Electronic hardware manufacturer guarantees are a 1 year repair guarantee in which case your remedy under such Guarantee would be restricted to the costs of repair or replacement of faulty goods or granting of a credit at the sole discretion of the manufacturer after investigation and/or testing of goods. Electronic Hardware Manufacturer Guarantees are immediately null and void should any equipment be tampered with, or the seals on equipment be broken by anyone other than the manufacturer’s representative, or the goods be operated outside the manufacturer’s specifications. Manufacturers also won’t be liable for any damage arising from any misuse or abuse of the goods. POSSIBLE LENIENCY BY us: Although your rights in relation to Defective products are as set out above, if you return an allegedly Defective product you purchased from us and, following inspection thereof it cannot be established with certainty that the product is Defective, we may, in its sole discretion, nevertheless decide to give you a partial refund on that purchase or to effect a repair or give you a replacement at a reduced cost.
2. Return & Refund Policy and Process
2.1 Purchases from us
RETURNS: If you want to return a product you have purchased from us for any reason permitted under this Refund Policy, you must in all instances first notify us the reason for your return by contacting us via email at: firstname.lastname@example.org. Once you have successfully logged your return as aforesaid, we will issue you with a returns authorization number (“RA Number”) and arrange for the collection of the product from you. You must ensure that the Product to be collected by the courier is packed so as to comply with the following: The Product is properly protected; Save where being returned due to being Defective, the Product is still in its original packaging, together with all accessories, instructions and documentation (if any), and in perfect condition for the purposes of resale (i.e. the product must not be damaged, scratched, soiled, and in the case of electronic hardware, the adhesive screen covers must not have been removed); and Aforesaid RA Number is accurately reflected in/on the parcel We are not able to accept the return of any products, which have not gone through the above process and/or are not accompanied by a valid RA Number. Products returned without a valid RA Number will not have been validly returned and may be sent back to you at your expense. Please treat products and packaging with reasonable care while in your possession. Nothing herein detracts from any right we may have to hold you liable for any damage you cause to a product (including its packaging) while in your possession. REFUNDS: Should you be entitled to a refund for any reason a handling and repackaging fee of up to 20% may be charge at the discretion of us and handled on a case by case basis, also such refund shall be effected in the same manner in which your payment was made (i.e. by processing the refund against your credit card). Note that for EFT and bank deposit payments, you have the right to request that the relevant amount instead be paid back into your bank account (and note that we will only pay back into your bank account and not a third party’s bank account).