Terms of Service

1. Welcome to HearConnect

1.1 HearConnect operates a platform to provide you with personalised hearing health information. You can access our platform through our website at www.hearconnect.com (our "Site") through which we provide our "Service".

1.2 The Service is operated by HearConnect S. A. ("we", "our, or "us").

2. Your relationship with us

2.1 This document and any documents referred to within it (collectively, the "Terms of Service") set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Service. If there is anything within them that you do not understand, then please contact us at legal@hearconnect.com to discuss what this means for you.

2.2 By setting up an account with us or using and accessing the Service you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not browse or otherwise access or use the Service.

3. Information about us

3.1 HearConnectS.A. is registered in Argentina under company number xxx. Ourregistered office is at Calle Pasteur Nº 732, piso 1º, departamento "A" of theCiudad Autónoma de Buenos Aires, Argentina.

4. Information about you

4.1 Your privacy is important to us; we don't share your personal data with anyone. We may use your anonymized hearing history data for clinical research and market analysis purposes. The Service provides you with hearing solution information tailored to your specific hearing situation. The Site may offer you links to further information provided by third-parties. Nevertheless, we never share your personal data directly with third-parties. Please read our Privacy Policy to understand how we collect and use your information in order to provide you with a more accurate service.

5. Setting up an account

5.1 On our Site you can sign up and set up an account with a username and password (your "Account"). We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.

5.2 You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us straight away to let us know.

5.3 You must be capable in your country of residence of entering into legal binding agreement to use our Service.

6. Description of Service

6.1 Our Service provides a possibility to exchange experiences with hearing health solutions and hearing health care providers and to connect to other HearConnect users and benefit from their experience.

6.2 The information on our Site is for information purposes only, it does not represent medical advice. We do not diagnose hearing health conditions or prescribe how you should treat a hearing health condition you have. This should only be done with the help of a qualified hearing health care professional (such as your ENT doctor or audiologist).

6.3 You are responsible for deciding whether or not to contact a hearing health care professional and seek respective advice. You should discuss the information obtained from our Site with your hearing health care professional in order to determine the best way to treat your hearing problem.

7. Your right to use the Service

7.1 The materials and content comprising the Service belong to us or the persons or organizations that have licensed them to us and we give you permission to use these materials and content for the sole purpose of using the Service in accordance with these Terms of Service.

7.2 Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Service does not stop us from giving other people the right to use the Service.

7.3 Other than as allowed in these Terms of Service you are not given a right to use the HearConnect name, or any of the HearConnect trademarks, logos, domain names and other distinctive brand features.

7.4 Unless allowed by these Terms of Service and as permitted by the functionality of the Service, you agree:

  • (a) not to copy any portion of the Service;

  • (b) not to give or sell or otherwise make available any portion of the Service to anybody else;

  • (c) not to change any portion of the Service in any way;

  • (d) not to look for or access the code of any portion of the Service that we have not expressly published publicly for general use.

7.5 You agree that all confidential information, copyright and other intellectual property rights in any portion of the Service belong to us or the people who have licenced us to use those rights.

7.6 You agree that you have no rights in or to any portion of the Service other than the right to use them in accordance with these Terms of Service.

8. Rules of Acceptable Use

8.1 In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the "Rules of Acceptable Use").

8.2 When using the Service you must not:

  • (a) circumvent, disable or otherwise interfere with any security related features of the Service or features that prevent or restrict use or copying of the content accessible via the Service;

  • (b) create more than one account on the Service;

  • (c) give any false or misleading information in your account details;

  • (d) permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorised by you;

  • (e) use the Service if we have suspended or banned you from using it;

  • (f) send junk, spam or repetitive messages;

  • (g) engage in any illegal or unlawful conduct;

  • (h) modify, interfere, intercept, disrupt or hack the Service;

  • (i) misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service's own equipment;

  • (j) collect any data from the Service other than in accordance with these Terms of Service;

  • (k) submit or contribute any content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive; or

  • (l) submit or contribute any information or commentary about another person without that person's permission.

8.3 Failure to comply with Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):

  • (a) immediate, temporary or permanent withdrawal of your right to use our Service;

  • (b) issuing of a warning to you;

  • (c) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

  • (d) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

8.4 The responses described in this clause 8.3 are not limited, and we may take any other action we reasonably deem appropriate.

9. Ending our relationship

9.1 If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.

9.2 If you wish to end your use of the Service, please contact us at accounts@hearconnect.com.

9.3 We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Service including these Terms of Service.

9.4 We may also withdraw the Service at any time as long as we give you reasonable notice that we plan to do this.

9.5 If you or we end your use of the Service or we withdraw the Service as described in this section, we may delete any information we hold about you. You will also lose any rights you have to use the Service or access our content. We will not offer you compensation for any losses.

10. Our liability/responsibility to you

10.1 Unfortunately, due to the nature of the Internet and technology, the Service is provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by law.

10.2 To the extent permitted by the law, we do not accept any responsibility whatsoever for any claims arising out of the provision of the Service.

10.3 In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.

11. Links to other websites

11.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

11.2 We have no control over the contents of those sites or resources.

11.3 We assume no responsibility for the content of websites linked on our site. We will not be liable for any loss or damage that may arise from your use of them.

12. Resolving disputes

12.1 If you have a dispute with us relating to the Service, in the first instance please contact us at legal@hearconnect.com and attempt to resolve the dispute with us informally.

12.2 In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.

13. Changes to the Service

13.1 We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.

13.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service ("changes to the Service"). These changes to the Service may affect your past activities on the Service and the features that you use ("Service elements"). Any changes to the Service could involve your Service elements being deleted or reset.

13.3 You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service.

13.4 We will try, where possible and reasonable, to contact you to let you know about any significant changes to the Service.

14. Changes to the documents

14.1 We may revise these Terms of Service from time to time but the most current version will always be at www.hearconnect.com/terms.

14.2 Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.

14.3 We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example, by asking you to accept the changes before you continue to use the Service) or via a separate email.

14.4 Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.

15. Documents that apply to our relationship with you

15.1 The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.

15.2 We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.

15.3 If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.

16. Law

16.1 As we are based in Argentina, Argentinian law will apply to all disputes and the interpretation of these Terms of Service. The Argentinian courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service.

17. Contact, feedback and complaints

17.1 If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at legal@hearconnect.com.

17.2 We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.

Last updated on: 8 August 2016

Privacy Policy

HearConnect understands and respects the need for privacy of personal information when using our Service according to the Terms of Service outlined.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand the use of your personal data and how we will treat it.

We don't sell your data to anyone. However, we do need to store some data in order to enable certain functionality.

When using our Service, we may collect data about you, as follows:

  • When you create a profile, we ask for your nickname, gender, date of birth and location, to refine our hearing profile matcher results according to your circumstances.

  • When you register with us, we ask for your email address, so we may send you news and alerts, and enable you to share profiles between your phones and computers.

Additionally, we may collect other information when using our products that helps us improve our service to you and maintain operational levels. This information cannot be used to identify you. It includes:

  • Device model, OS version and location, so we know how best to support our users and their devices

  • Hearing solutions searched, so we know what is most important for our users

  • Any other data needed for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.

HearConnect is not responsible for republished content from our website on other websites without our permission.

Disclosure of your information

We may need to share personal information with companies, organisations or individuals outside HearConnect if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

  • Meet any applicable law, regulation, legal process or enforceable governmental request

  • Enforce applicable terms of service, including investigation of potential violations

  • Detect, prevent, or otherwise address fraud, security or technical issues

  • Protect against harm to the rights, property or safety of the Company or the public as required or permitted by law.

Our Service may, from time to time, contain links to and from the websites of partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Where we store your personal data

All information you provide to us is stored on our secure servers. Where you have chosen a password to access certain parts of our products, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Our staff may be engaged in accessing your data for, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page. Please check back frequently to see any updates to our privacy policy.

Access to information

National laws may give you the right to access information held about you. Your right of access can be exercised in accordance with the respective national law. Any access request may be subject to a fee of USD10 to meet our costs in providing you with details of the information we hold about you.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to legal@hearconnect.com

Last updated on: 8 August 2016