Terms & Conditions
This website/app is created and operated by Earkart Private Limited. Throughout the site, the terms “we”, “us” and “our” refers to Earkart Private Limited (hereinafter referred to as "Earkart"). Earkart offers this website/app, including all information, tools and services available from this site to you, the Dealers/ End-Customers, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By accessing or using the Website/app in any manner, including, but not limited to, visiting or browsing the Website/app, you engage to our “Service” and agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the Website/app or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
As used in this Agreement the terms "you" and "your" refers to a Dealer/ End- Customer/ User/ visitor of the Website/app.
We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website/app following the posting of any changes/ updates constitutes acceptance of those changes/ updates, whether or not you have reviewed them.
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority and you have given us your consent to allow any of your minor dependents to use this site. The Services may change from time to time, at the sole discretion of Earkart, and the Agreement will apply to your visit to and your use of the Website/app to avail the Service, as well as to all information provided by you on the Website/app at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website/app and describes the manner in which we shall treat your account while you are registered as a member with us.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website/app following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
Your access to use of the Website/app and the Services will be solely at the discretion of Earkart.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
vi. the Indian Contract Act, 1872,
vii. the (Indian) Information Technology Act, 2000, and
viii. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. Your failure to follow the terms of this Agreement may result in immediate termination of your access to www.earkart.com as well as resort to other legal remedies available to us.
- Scope of Agreement
- This Agreement applies to those services made available by Earkart on the Website/app, which are offered free of charge to the Users (“Services”), including the following:
For Dealer(s): Listing of Dealers and their profiles and contact details, to be made available to the other Users and visitors of the Website/app;
For End-Customer(s): Facility to (i) create and maintain Accounts (ii) search for Dealers by geographical area, or any other criteria that may be developed and made available by Earkart and (iii) to make appointments with the Dealers.
- Earkart may at its sole discretion chose to provide or deny its services to a Dealer/ End-Customer.
- Dealer and End-Customer Obligations
- Your access to, and use of, the Website/app, is subject to all conditions specified in these Terms and Conditions.
- By agreeing to the use of services of Earkart and agreeing to its terms mentioned you agree that:-
- You shall provide your accurate personal data/ medical history and to promptly update this information from time to time as needed, in the case history form provided by us.
- You shall be responsible for storing your login credentials safely so as to prevent misuse of your account,
- Earkart shall in no way be responsible for loss or damage caused by unauthorized access or login of your account. You shall inform Earkart immediately if you suspect unauthorized access or login of your account.
- You shall not engage in any illegal or unlawful activities on the website/app www.earkart.com, such as posting or contributing to any information that may contain or involve incitement, pornography, defamation, child pornography, racial hatred, any virus or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment. etc. You shall not contribute to any religious or political views or any form of propaganda. You agree that the Website/app and any subscription shall be used in a reasonable and lawful manner only and that communications will not be obscene, indecent or offensive in any way. You agree to refrain from conduct that would constitute a criminal offense or give rise to a civil liability, or that otherwise violates any law or regulation. You agree and acknowledge that your failure to abide by these Terms may subject you to civil and/or criminal liability. Earkart reserves the exclusive and absolute right to delete, edit or block any postings, comments, information or statements.
- You shall not share any other person’s personal information or try and avail services for any other third-party.
- Book Appointment
- Earkart enables End-Customer(s) to book an appointment with Dealer(s) via the following two methods:
- Book facility that allows End-Customer(s) book an appointment through the Website/ App;
- Telephonic services which connect End-Customer(s) with Earkart’s customer executive number provided on the Website/ App and schedule an appointment.
- Earkart will ensure that End-Customer(s) are provided confirmed appointment on the booking facility. However, Earkart has no liability if such an appointment is later cancelled by the Dealer.
- If the End-Customer(s) decides to engage with a Dealer to seek audiology services, the End-Customer(s) shall be doing so at his/her own risk.
- Without prejudice to the generality of the above, Earkart is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between Dealer(s) and the End-Customer(s).
- Programme, Payment Terms and Refund Policy
- To pay in a timely manner any fixed and periodic charges and the fees required for our Services availed by you along with any applicable government taxes in advance.
- Earkart shall not be responsible for any non-receipt of fees on account of any faults in the payment gateway or internet connection or the associated bank.
- We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you via our Website/app/ e-mail or such other means as we may deem appropriate from time to time.
- Transactions and Promotional calls and messages
- That every call/ message/ e-mail made/ sent to you on behalf of Earkart is for service/ transactional purpose only.
- You agree that if you have reached out to Earkart via calls or SMS, you agree to receive service/ transactional calls and messages on your mobile number.
- That by registering on Website/ App you agree/ subscribe to receive both transactional and promotional announcements and offers, via call or messages on your mobile number / Whatsapp/ e-mail id.
- Intellectual Property Rights
- All rights in and to the Services and Website/app, including any trademarks, trade names, logos, illustrations, service marks, copyrighted content (collectively referred to as “Intellectual Property” presented within the services i.e. on the website/app www.earkart.com or any other documents/ platform in relation to our Services shall always be the property of Earkart Private Limited. You undertake to not use the Intellectual Property for any other purposes except till the extent of services provided to you.
- You hereby undertake not to post on the website/app any material protected by copyright, trademark, or other proprietary right (which you are not the owner of) without the express permission of the owner of the copyright, trademark or other proprietary right. You agree that the posting of any material by you shall imply that the copyright, trademark or other proprietary right in that material rests with you. You agree and acknowledge that you shall be solely liable for any action/s or damages resulting from any infringement of copyrights, trademarks, or proprietary rights, or any other harm resulting from any posting made by you.
- Any material you send to the Website/app will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas, pictures or other information, material or property.
- You must not post any content that contains any advertising, promotional, solicitation or other commercial material.
- You agree to indemnify Earkart its employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including legal fees) that may arise from your breach of this Agreement, or from you availing our Services.
- Limitation of Liability
- Earkart does not represent or warrant that access to www.earkart.com online service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Website/app.
- Earkart reserves the right to suspend or terminate a User’s access to the Website/app and the Services with or without notice and to exercise any other remedy available under law, in cases where,
- Such User breaches any terms and conditions of the Agreement;
- A third- party reports violation of any of its right as a result of your use of the Services;
- Earkart is unable to verify or authenticate any information provide to Earkart by a User;
- Earkart has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- Earkart believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Earkart or are contrary to the interests of the Website/app.
- Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website/app under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website/app by such User.
- Jurisdiction and Governing Law
- You agree that this Agreement shall be governed by and construed in accordance with the laws of India and jurisdiction for any legal action or proceeding shall be in Uttar Pradesh.
- If any provision of this Agreement or portion thereof shall be declared invalid for any reason, the invalid provision or portion thereof shall be deemed omitted and the remaining terms shall be given full force and effect.
- Entire Agreement
- This Agreement represents the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral.
TERMS AND CONDITIONS OF SALE (BETWEEN EARKART AND CUSTOMER)
Please read these conditions carefully before purchasing any product(s) with the Dispensers via Earkart maintained on earkart.com. These conditions signify your agreement to be bound by these conditions.
BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS DESCRIBED IN THIS AGREEMENT BEFORE USING THE EARKART WEBSITE/ APPLICATION. BY USING THE EARKART WEBSITE/ APPLICATION, IRRESPECTIVE OF WHETHER YOU ARE A VISITOR OR A REGISTERED MEMBER, YOU INDICATE YOUR PERSONAL ACCEPTANCE AND YOUR CONCURRENCE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THE COMPANY RESERVES THE RIGHT TO ALTER, AMEND AND MODIFY THESE TERMS AND CONDITIONS AT ITS SOLE DISCRETION. ALL SUCH AMENDMENTS AND MODIFICATIONS WILL BE DULY NOTIFIED ON THIS WEBSITE. IF YOU ARE NOT AGREEABLE TO THE TERMS AND CONDITIONS, WE REQUEST YOU NOT TO ACCESS THIS WEBSITE.
The Customer hereby acknowledges that Earkart has designed and developed this Website/Application to purchase Hearing Aid(s) from the registered Dispensers referred on this Website/ Application (hereinafter referred to as “Purpose”).
All information displayed on the Website/Application constitute an "invitation to offer".
Any Product(s) purchased by the Customer from a registered Dispenser shall be a transaction between the Dispenser and the Customer only and Earkart shall not be held responsible or liable for any act/ omission committed on behalf of the Dispenser or any dispute which arises out of such transaction.
- "Earkart Website/ Application" shall mean, collectively or individually, the website (earkart.com) and the software Application created/ designed by Earkart in order to facilitate the Purpose, including the website/ software updates/ upgrades.
- "Dispenser" shall mean a manufacturer authorized dealer/ distributor of hearing aids, registered on the Website/ Application.
- "Customer" is an individual visiting and/ or registering themselves on the Earkart Website/ Application in order to avail the defined Purpose of the Agreement.
- "Products" are hearing aid(s) purchased by the Customers from any of the Dispenser registered on the Website/ Application.
2. Customer's obligation & Covenants towards the Products
In addition to the Customer’s other covenants in this Agreement, by ordering Product(s) through the registered Dispensers, the Customer acknowledges and agrees that:
- The Customer has a written and valid prescription from an audiologist regarding their prescription for hearing aid(s) and the information supplied to Earkart and Dispenser will be accurate.
- You consent to the Dispenser contacting your audiologist to verify the authenticity of the prescription, if required.
- In the event the Customer does not have a valid prescription, the Customer can avail the audiology diagnostic services offered by the Dispenser, in exchange for appropriate fees chargeable by the Dispenser.
- That any problem that arises from the Product(s) sold by the Dispenser(s) via Earkart, due to error in the information provided by the Customer, then, any re-delivery/ substitution cost in addition to the initial cost will be billed to the Customer.
- All information provided by the Customer including their contact details, name and address, bank or credit card details are authentic and there is no misrepresentation or fraudulent act from the Customer.
3. Billing & Payment
- For sale of the Products through registered Dispensers:
- The Products sold by the registered Dispensers shall be sold at a price not higher than the MRP of the Product(s). The Dispenser at their own discretion can sell the Product(s) at a discounted price.
- That post the necessary communication and uploading of Customer and Product(s) details by the Dispenser on the Earkart Website/ Application the Dispenser shall then raise an invoice to the Customer(s) (hereinafter referred to as "Dispenser’s Invoice").
- That upon receipt of the Dispenser’s Invoice by the Customer, they are liable to make full payment to the Dispenser through Cash, Online payment via Credit Card, Debit Card, Net Banking/ Mobile Banking or UPI, at their own discretion.
- The Customer must duly note that any transaction, incidental or ancillary to the sale of Product(s) by the Dispenser to the Customer, is an agreement with the Dispenser and not with Earkart.
- In addition to all other remedies available under law and equity and as detailed under this Agreement, Earkart reserves the right to recover the cost of Products, collection charges, attorney’s charges etc., from a Customer using the Website/ Application fraudulently. Further, Earkart reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website/ Applications and any other unlawful acts or acts or omissions in breach of these terms and conditions.
4. Return/ Exchange Policy
- Any kind of return or exchange of Product(s) shall be governed by the policy(s) detailed by the Dispenser(s) to the Customer(s). Earkart shall not be responsible for the same.
5. Earkart Benefits
- The Earkart Benefits (hereinafter referred to as “Benefits”) will be availed on the Dispenser Invoice, auto-generated and issued to the Customer. In the event the Dispenser invoice is not auto-generated on the Earkart Website/ Application, the Customer must upload the Dispenser’s invoice on the Earkart Website/ Application or provide it to the Earkart executives.
- That following the purchase of Product(s) the Customer shall become eligible for the following Benefits, only:
- Earkart Hearing Aid Insurance- This third-party insurance policy will cover the Customer against any accidental damage or theft caused to the Product purchased. Each and every claim under the policy shall be subject to the terms and conditions provided by the third-party insurer.
- UV electrical de- humidifier or batteries for four  months (whichever is applicable)
- Buy-Back Option- Instant credit of 50% of the Dispenser Invoice value uploaded/ provided by the Customer(s), to the Earkart Application Wallet (hereinafter referred to as “Wallet”). Customer(s) has the option to redeem the Wallet amount by purchasing Product[s] having MRP higher than the MRP of the device detailed on the uploaded Dispenser invoice. Such upgradation shall be valid within four (4) years from the date of purchase of Product(s) only.
Click here to go access the terms for availing the Earkart Benefits.
- Benefits will be dispatched to the Customer only after fifteen (15) days from the date of purchase, provided the customer has given their express consent to avail such benefits and provided the necessary invoice details and their postal address within (15) days from the date of purchase.
- The free gift(s) will be dispatched to the Customer only after fifteen (15) days from the date of purchase. Any request for return of the Product(s) raised by the Customer after fifteen (15) days from the date of purchase of such Product(s), the Customer shall be liable to return the Free Gifts availed by the Customer, as per Clause 5.1, immediately while returning the Product(s) to the Dispenser(s) and the insurance shall stand cancelled.
- In order to avail the claim under the insurance policy, the Customer(s) must follow the Terms and Conditions of the policy provided by the insurer. Any false claim raised shall lead to immediate termination of such claim, along with appropriate legal proceedings against the Customer(s).
- The Customer(s) understand that any Hearing Aid availed by them on a 1+1 offer circulated by the Dispenser, the free gifts enumerated in this section shall be applicable on the purchased/ billed Hearing Aid only and not the one availed free of charge(s).
- In the case the original manufacturers of the Product(s) purchased provide any specific warranty, then, those will be applicable subject to Customer(s) compliance with the warranty terms mentioned therein. With respect to the warranty offered by the original manufacturer, Earkart and the Dispenser would not be responsible or liable for the same. Your claims will have to be raised with the original manufacturer only. If feasible, Earkart may provide reasonable assistance in this regard.
- Force Majeure: Earkart shall incur no legal liability whatsoever if at any time it is unable to fulfill its obligations under this Agreement for reasons beyond its control including Acts of God, Acts of State/Central Governments, orders, restrictions, war like conditions, pandemics, hostilities etc. In such case the Company shall be sole judge to decide the existence of such a circumstance and its decision shall be binding on both the parties.
- Governing Law: Any claim or dispute arising from or relating to this Agreement will be governed by the laws of the land where the Dispenser runs their operational business.
For Any Communication regarding terms and conditions or consumer related queries please use the following email firstname.lastname@example.org