Terms & Conditions
The latest version is effective as of June 19, 2024.
Please read these website terms and conditions and all other terms of use and agreements referenced herein and therein carefully, as they contain important information regarding your legal rights, remedies, and obligations in connection with your access to and use of the website and the products and services offered herein.
Arbitration notice: You agree that any disputes between you and the company regarding your access to and use of the website and any products and services offered on the website will be resolved by binding, individual arbitration, and you waive your right to participate in a lawsuit, a class action lawsuit, or class-wide arbitration. For further information, please consult the “Dispute Resolution; Arbitration” section below.
[ Kingwell ] (“company”, “we” “us”, or “our”) owns, controls, and operates the website, [http://kingwellhearing.com] (including, without limitation, all subdomains thereof, collectively, the “website”).
These website terms and conditions (these “standard terms”) and all other terms and conditions and documents referenced herein (collectively, the “additional terms”, and together with these standard terms, the “website terms”), constitutes a legally binding agreement between company and each end-user of the website (each, a “user”, “you”, or “your”). By accessing and using the website in any manner, you are deemed to have read, accepted, executed, and be bound by these website terms.
Company may, from time to time, release new versions of the website, or release/introduce new tools, products, services, functionalities, and/or features for the website, which will be subject to these website terms, and any further additional terms as may apply to such additional versions, tools, products, services, functionalities, or features, which further additional terms are incorporated by reference herein.
If any provision of these website terms or any future changes or amendments are unacceptable to you, do not use or continue to use the website. Your continued access and use of the website following the posting of any notice of any change or amendment to these website terms shall constitute your binding acceptance and agreement to such change or amendment.
1. WEBSITE LICENSE
Company hereby grants you a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non- sublicensable, right and license to access and make personal use of (i) the website, and (ii) any content, materials, information, text, data, copyrights, trademarks (defined herein), images, photos, musical compositions, sound recordings, screenshots, videos, posts, graphics, identifying marks, website pages, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into, the website by or on behalf of company (collectively, “website content”), solely as permitted by the tools, products, services, functionalities and/or features made available to users of the website, subject in all respects to these website terms, and not for redistribution of any kind (the “website license”). This website license does not include any resale or commercial use of the website or any website content, and all website content is and shall remain the sole and exclusive property of company (or the applicable third-party licensor thereof), in perpetuity, throughout the universe, in any and all languages and media now known or hereafter discovered.
As between any user and company, company is and retains all right, title and interest in and to the website, in perpetuity, throughout the universe, in any and all languages and media now known or hereafter discovered, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, customer reviews and feedbacks, html, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the website, (iii) all other materials and content uploaded or incorporated into the website, including, without limitation, all website content, (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world; and (v) the coordination, selection, arrangement and enhancement of the website pages and the website content incorporated therein as a collective work under the united states copyright act, as amended (collectively, “website ip”), and nothing contained herein shall be construed as creating or granting to any user any right, title or interest in and to such website ip other than the express license granted therein pursuant to these website terms. Website ip is protected in all forms, media and technologies now known or hereinafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and laws.
The company trademarks, service marks, logos, designs, and insignia (the “company trademarks”) used and displayed on the website are company's registered and unregistered trademarks or service marks. As applicable, other product and service names located on the website may be trademarks or service marks owned by third parties (the “third-party trademarks,” and, collectively with the company trademarks, the “trademarks”). Except as otherwise permitted by law, you may not use the trademarks to disparage company or any applicable third-party owner thereof, company's or any third- party's products or services (including, without limitation, the website), or in any manner (using commercially reasonable judgment) that may damage any goodwill in the trademarks. You may not use any trademarks as part of a link to or from the website without company's prior express written consent. All goodwill generated from the use of any trademark will inure solely to the benefit of company or the applicable third-party owner thereof.
Violation of this website license may result in infringement of intellectual property and contractual rights of company, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
2. LIMITATIONS ON WEBSITE USE; UNLAWFUL ACTIVITY
You acknowledge and agree that you are solely responsible for your own conduct while accessing or using the website and any products or services offered via the website, and for any consequences thereof. You agree to use the website and the products and services offered therein only for purposes that are legal, proper and in accordance with these website terms and any applicable laws or regulations.
The website and website content may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the tools, products, services, functionalities and/or features made available to users of the website, or without the express prior written consent of company and/or the applicable third-party owner thereof in each instance.
With limiting the foregoing, while accessing and using the website, you may not conduct any of the following activities:
●defame, abuse, harass, stalk, threaten, bully, or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of company or other users, or use information learned from the website to otherwise defame, abuse, harass, stalk, threaten, bully, intimidate or mislead, or otherwise violate the legal rights of company or any other user outside of the website.
● use the website to upload, distribute, or otherwise disseminate any unlawful, defamatory, obscene, pornographic, harassing, abusive, fraudulent, infringing, or otherwise objectionable content or material.
● use the website for any purpose in violation of applicable local, state, national, or international law, including, without limitation, uploading or otherwise making available content or material via the website that infringes upon the intellectual property or other proprietary rights of the company or any third party, and using the website to engage in money laundering or other illegal financial schemes.
● use or otherwise export or re-export the website or any portion thereof, the website content, or any products or services offered for sale on the website in violation of the export control laws and regulations of the United States of America or any other similar laws and regulations of relevant jurisdictions.
● upload any material or software files that contain viruses, trojan horses, corrupted files, malware, spyware, bugs, or any other similar programs that may damage or infiltrate the operation of the website or any other user's computer or mobile device.
● restrict or inhibit any other user from using and enjoying the website.
● use a bot (defined herein), spider, manual and/or automatic processes, or devices to data-mine, data-crawl, scrape, or index the website in any manner (excluding seo-related scraping (e.g., Google indexing)), to impersonate any other person or entity, or to obtain information about any user.
● hack or interfere with the website, its servers, or any connected networks.
● adapt, alter, license, sublicense, or translate the website for your own personal or commercial use.
● remove or alter, visually or otherwise, any copyrights, trademarks, or proprietary marks and rights owned by the company.
● use the website to collect user data by electronic or other means other than as expressly permitted by these website terms and applicable law.
● use the website in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining the company's trade secret information for public disclosure or other purposes.
● access or use this website for the purpose of creating a website, product, or service that is competitive with this website or any of the company's products or services.
● order from the website products for re-sale purposes, except expressly agreed by the company.
● cause or induce any third-party to engage in the restricted activities above.
The above restrictions supplement and are in addition to any other applicable restrictions that are set forth in any Additional Terms.
We reserve the right to investigate complaints or reported violations of these Website Terms and to take any action we deem appropriate, including, but not limited to, suspending or terminating your access to and use of the Website and the products and services offered via the Website, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to you, including, but not limited to traffic information.
We also reserve the right, in our sole discretion, to seek and obtain any other remedies available to us pursuant to any applicable laws and regulations or at equity as a result of your breach of Website Terms or any other act or omission by you that gives rise to a claim by Company.
3. THIRD PARTY NOTICES, CONTENT AND COMMUNICATIONS
Company disclaims all liability for any communications directed to you from any third-party, directly or indirectly, in connection with the Website (“Third-Party Communications”) that you may receive, and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Company assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.
The Website may include third-party content, third-party integrated API service providers, or links (such as hyperlinks) to third-party websites, products, or services (including external websites that are framed by the Website as well as any advertisements displayed in connection therewith) that are not owned or controlled by Company (collectively, “Third-Party Content”). They are provided as an information service, for reference and convenience only. Company does not control any such Third-Party Content and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, or products or services. Company does not make any representations or warranties with respect to any Third-Party Content and all use thereof is provided on an “as is” and “as available” basis and your use thereof is at your own risk. Inclusion of any Third-Party Content on the Website does not constitute or indicate Company's endorsement thereof and Company shall not be liable or responsible for any Third-Party Content transmitted through the Website. You shall be subject to any additional terms and conditions of use, guidelines, rules, or governance protocols applicable to any Third-Party Content that you access or otherwise interact with through the Website (“Third-Party Terms”). All such Third-Party Terms are hereby incorporated by reference into these Website Terms. You acknowledge and agree that Company will not and cannot censor or edit any Third-Party Content and that you shall assume the sole responsibility for, and risk associated with your use of Third-Party Content, including compliance with the terms and conditions of use, privacy policies, or practices associated therewith. Accordingly, Company encourages you to be aware when you leave the Website and/or access or otherwise interact with Third-Party Content via the Website and to read the terms and conditions of use and privacy policies associated with any such Third-Party Content.
By using the Website, you expressly relieve and hold Company harmless from any and all liability arising from your interaction with any Third-Party Communications and access and/or use of Third-Party Content, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third-Party Content on the Website or the failure of such Third-Party Content to function as intended. It is your sole responsibility to evaluate the content and usefulness of the information obtained from Third-party Content.
4. SPECIAL PROMOTIONS
Company may from time to time provide certain promotional opportunities, sweepstakes, and contests to Users. All such promotions will be run at the sole discretion of Company, and can be activated, modified, or removed at any time by Company without advance notification and the liability of any of Company's partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to these Website Terms. Any such promotional opportunities, sweepstakes and contests shall be subject in all respects to any additional rules and/or terms and conditions of entry related thereto.
5. DISCLAIMER OF WARRANTIES
Your use of the website and any products or services offered via the website is entirely at your own risk. The website is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of avaiability, merchantability, fitness for a particular purpose, and non-infringement. Company makes no warranties or representations about the accuracy, currentness, completeness, or reliability of the website, any website ip or website content or material provided through the website, or third-party content linked to the website, and company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (iii) any unauthorized access to or use of our secure servers, and/or any and all personal information stored therein. Company does not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by a third-party through the website or any hyperlinked website or featured in any banner or other advertising, and company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Without limiting the foregoing, neither the company nor any other company parties warrant that access to the website will be uninterrupted, that the website will be error-free, that defects will be corrected, or that it will always be accessible; nor do they make any warranty as to the results that may be obtained from the use of the website, or as to the timeliness, accuracy, reliability, completeness, or content of any content, information, or materials provided through or in connection with the use of the website. Neither the company nor its affiliates or licensors warrant that the platform is free from viruses, worms, trojan horses, or other harmful components. The company and its affiliates and licensors cannot and do not guarantee that any personal information supplied by you, as applicable, will not be misappropriated, intercepted, deleted, destroyed, or used by others.
Under no circumstances will any company parties be liable for any direct, indirect, incidental, consequential, special or exemplary damages, or damages for lost profits, lost of earnings, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, computer damage, or system failure, or the cost of substitute products or services of any kind, arising out of or in connection with these website terms or your use of or inability to use the website and/or the proudct you purchased via the website, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not such company parties have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. If, notwithstanding the foregoing exclusions, it is determined that any company party is liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total purchase price you paid to us.
You and company agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that neither you nor company will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or company acts or proposes to act in a representative capacity. You and company further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of you, company, and all parties to any such proceeding.
You acknowledge and agree that we have made the website available to you and entered into these terms in reliance upon the representations and warranties, disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between us and you and form an essential basis of the bargain between us and you. We would not be able to provide the website or sell any products to you without these limitations.
6. REPRESENTATIONS AND WARRANTIES
You represent and warrant that that you have the right, authority, and capacity to enter into, and to be bound by, these Website Terms and to abide by the terms and conditions of these Website Terms, and that you will so abide.
7. PRICE AND DELIVERY
Unless otherwise provided by applicable tax laws and regulations, price for products and services offered for sale on the Website is exclusive of any custom duties, VAT, GST, Sales tax, and/or any analogous taxes and the Company will account for and remit relevant such tax amount to relevant tax authorities pursuant to any applicable tax rules. Unless Company chooses to pay for your behalf, you understand that you will be considered an “importer on record” who shall solely be responsible for paying all custom duties and/or similar import taxes.
The price is also exclusive of any shipping costs, but you will be made aware of the estimated cost for the shipping solution you opt for with us prior to checkout.
You understand that we don’t warrant the accuracy of the price offered and in extreme events, error might occur in price displayed on the Website due to our internal malfunctioning of relevant software or external hacking and/or attacking. You agree that we are entitled to collect any price discrepancies from you by notice.
Time for delivery is based on estimation and we disclaim any warranty as to punctuality of any delivery of Order.
8. RETURN AND PRODUCT WARRANTY
Any issues relating to return or product warranty shall be governed by the Return and Warranty Policy, together with its amendments, published by the Company from time to time.
9. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless, the Company Parties, from and against any and all Liabilities arising out of or in connection with any Claim brought by a third-party arising from or related to: (i) your access and use of the Website; (ii) any breach of any representation, warranty, covenant, or obligation of yours under these Website Terms; (iii) your violation of any applicable law, rule, or regulation in connection with your access and use of the Website and any products or services offered herein; (iv) your violation of any third-party right, including, but not limited to, any intellectual property right; and (v) any act of gross negligence, or willful or intentional conduct by you. The applicable Company Parties shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon request. The applicable Company Parties reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the applicable Company Parties.
10. GOVERNING LAW; DISPUTE RESOLUTION
These Website Terms are governed by and construed in accordance with the laws of China, without reference to principles of conflicts of laws.
You and Company agree that any dispute, claim or controversy arising out of or relating to these Website Terms or the product you purchase via the Website or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, including, without limitation, any Website Content contained thereon (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Company are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution; Arbitration" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Website Terms.
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. All disputes arising under or relating to these Website Terms or to your purchase and use (or inability to use) of the Website or products shall be settled by arbitration administered by the Shenzhen International Arbitration Court under its then-current arbitration rules. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof.
Notwithstanding Company's right to amend or modify these Website Terms, if Company changes this "Dispute Resolution" section after the date you first accepted these Website Terms (or accepted any subsequent changes to these Website Terms), you may reject any such change by sending us written notice (including by contacting us at support@kingwellhearing.com) within 30 days of the date such change became effective, as indicated in the date of Company's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Website Terms (or accepted any subsequent changes to these Website Terms).
You agree that regardless of any applicable statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website or these Website Terms must be filed within one (1) year after such claim or cause of action arose or be forever and fully barred.
11. WEBSITE ACCESS REQUIREMENTS; UPDATES AND MAINTENANCE
Access to and use of the Website require a compatible web browser and internet connection. It also requires that we have access to your device identifier and location information. Although we are working to ensure that the website is compatible across various devices, we cannot guarantee that the website will work with all devices.
It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility. Your use of the website may vary in functionality, availability, and quality depending on the type of device and the operating system that you use, and the company accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system, settings, and software).
Your access to the website may be interfered with by numerous factors outside of the company's control, including, but not limited to, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment, or software defects. The company is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the website.
The company may in the future update the website for repair or maintenance purposes or to change any tools, products, services, functionalities, or features thereof (an “update”). The company shall not be liable to any user in any way as a result of any temporary or permanent suspension of the website or any tools, products, services, functionalities, or features thereof arising from or in connection with an update. Furthermore, the company is under no obligation to undergo an update of the website to the extent that any website content and/or other tool, product, service, functionality, or feature thereof is out of date. The terms of the website license granted to you hereunder shall apply in full to any update. Following an update, you may not be able to use the website until you have downloaded the latest version and accepted any new terms.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created between you and the company by these website terms. Company is not a broker, intermediary, agent, or financial advisor for any user, and Company has no fiduciary obligation to any user in connection with any acts or omissions of the user with respect to any products or services offered via the website. For the avoidance of doubt, the company is in no manner providing investment advice, tax advice, legal advice, or other professional advice, whether through the website or otherwise.
12. ASSIGNMENT
Company may freely assign, subcontract, and/or otherwise transfer any or all of its rights and/or obligations under these Website Terms to any company, firm or person. You may not transfer your rights or obligations under these Website Terms to anyone else.
13. WAIVER AND SEVERABILITY OF TERMS; ENTIRE AGREEMENT
Failure by Company to enforce any provision(s) of these Website Terms will not be construed as a waiver of any provision or right. If any provision of these Website Terms is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. These Website Terms incorporate by reference any notices contained on the Website and constitute the entire agreement with respect to access to and use of the Website and the products and services offered via the Website.
14. TERMINATION OF THE WEBSITE
Company reserves the right to terminate the Website and your access and use of the Website and/or any products or services offered via the Website for any reason, without notice to you, at any time.
15. FEEDBACK
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the User community. If you choose to contribute by sending us or our employees any ideas for services, features, modifications, enhancements, content, refinements, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending us Feedback, you agree that: (i) Company has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; (ii) Feedback is provided on a non- confidential basis, and Company is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and (iii) you irrevocably grant Company a perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
16. OPEN-SOURCE SOFTWARE
The Website may contain certain open-source software. Each item of open-source software is subject to its own applicable license terms.
Some services offered through the Website may be subject to third-party terms and conditions adopted by the Company. Your use of those services is subject to those third-party terms and conditions, which are incorporated into these Website Terms by reference.
17. CONTACT
General questions or comments about the Website or these Website Terms should be emailed to support@kingwellhearing.com
Please read these website terms and conditions and all other terms of use and agreements referenced herein and therein carefully, as they contain important information regarding your legal rights, remedies, and obligations in connection with your access to and use of the website and the products and services offered herein.
Arbitration notice: You agree that any disputes between you and the company regarding your access to and use of the website and any products and services offered on the website will be resolved by binding, individual arbitration, and you waive your right to participate in a lawsuit, a class action lawsuit, or class-wide arbitration. For further information, please consult the “Dispute Resolution; Arbitration” section below.
[ Kingwell ] (“company”, “we” “us”, or “our”) owns, controls, and operates the website, [http://kingwellhearing.com] (including, without limitation, all subdomains thereof, collectively, the “website”).
These website terms and conditions (these “standard terms”) and all other terms and conditions and documents referenced herein (collectively, the “additional terms”, and together with these standard terms, the “website terms”), constitutes a legally binding agreement between company and each end-user of the website (each, a “user”, “you”, or “your”). By accessing and using the website in any manner, you are deemed to have read, accepted, executed, and be bound by these website terms.
Company may, from time to time, release new versions of the website, or release/introduce new tools, products, services, functionalities, and/or features for the website, which will be subject to these website terms, and any further additional terms as may apply to such additional versions, tools, products, services, functionalities, or features, which further additional terms are incorporated by reference herein.
If any provision of these website terms or any future changes or amendments are unacceptable to you, do not use or continue to use the website. Your continued access and use of the website following the posting of any notice of any change or amendment to these website terms shall constitute your binding acceptance and agreement to such change or amendment.
1. WEBSITE LICENSE
Company hereby grants you a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non- sublicensable, right and license to access and make personal use of (i) the website, and (ii) any content, materials, information, text, data, copyrights, trademarks (defined herein), images, photos, musical compositions, sound recordings, screenshots, videos, posts, graphics, identifying marks, website pages, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into, the website by or on behalf of company (collectively, “website content”), solely as permitted by the tools, products, services, functionalities and/or features made available to users of the website, subject in all respects to these website terms, and not for redistribution of any kind (the “website license”). This website license does not include any resale or commercial use of the website or any website content, and all website content is and shall remain the sole and exclusive property of company (or the applicable third-party licensor thereof), in perpetuity, throughout the universe, in any and all languages and media now known or hereafter discovered.
As between any user and company, company is and retains all right, title and interest in and to the website, in perpetuity, throughout the universe, in any and all languages and media now known or hereafter discovered, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, customer reviews and feedbacks, html, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the website, (iii) all other materials and content uploaded or incorporated into the website, including, without limitation, all website content, (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world; and (v) the coordination, selection, arrangement and enhancement of the website pages and the website content incorporated therein as a collective work under the united states copyright act, as amended (collectively, “website ip”), and nothing contained herein shall be construed as creating or granting to any user any right, title or interest in and to such website ip other than the express license granted therein pursuant to these website terms. Website ip is protected in all forms, media and technologies now known or hereinafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and laws.
The company trademarks, service marks, logos, designs, and insignia (the “company trademarks”) used and displayed on the website are company's registered and unregistered trademarks or service marks. As applicable, other product and service names located on the website may be trademarks or service marks owned by third parties (the “third-party trademarks,” and, collectively with the company trademarks, the “trademarks”). Except as otherwise permitted by law, you may not use the trademarks to disparage company or any applicable third-party owner thereof, company's or any third- party's products or services (including, without limitation, the website), or in any manner (using commercially reasonable judgment) that may damage any goodwill in the trademarks. You may not use any trademarks as part of a link to or from the website without company's prior express written consent. All goodwill generated from the use of any trademark will inure solely to the benefit of company or the applicable third-party owner thereof.
Violation of this website license may result in infringement of intellectual property and contractual rights of company, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
2. LIMITATIONS ON WEBSITE USE; UNLAWFUL ACTIVITY
You acknowledge and agree that you are solely responsible for your own conduct while accessing or using the website and any products or services offered via the website, and for any consequences thereof. You agree to use the website and the products and services offered therein only for purposes that are legal, proper and in accordance with these website terms and any applicable laws or regulations.
The website and website content may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the tools, products, services, functionalities and/or features made available to users of the website, or without the express prior written consent of company and/or the applicable third-party owner thereof in each instance.
With limiting the foregoing, while accessing and using the website, you may not conduct any of the following activities:
●defame, abuse, harass, stalk, threaten, bully, or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of company or other users, or use information learned from the website to otherwise defame, abuse, harass, stalk, threaten, bully, intimidate or mislead, or otherwise violate the legal rights of company or any other user outside of the website.
● use the website to upload, distribute, or otherwise disseminate any unlawful, defamatory, obscene, pornographic, harassing, abusive, fraudulent, infringing, or otherwise objectionable content or material.
● use the website for any purpose in violation of applicable local, state, national, or international law, including, without limitation, uploading or otherwise making available content or material via the website that infringes upon the intellectual property or other proprietary rights of the company or any third party, and using the website to engage in money laundering or other illegal financial schemes.
● use or otherwise export or re-export the website or any portion thereof, the website content, or any products or services offered for sale on the website in violation of the export control laws and regulations of the United States of America or any other similar laws and regulations of relevant jurisdictions.
● upload any material or software files that contain viruses, trojan horses, corrupted files, malware, spyware, bugs, or any other similar programs that may damage or infiltrate the operation of the website or any other user's computer or mobile device.
● restrict or inhibit any other user from using and enjoying the website.
● use a bot (defined herein), spider, manual and/or automatic processes, or devices to data-mine, data-crawl, scrape, or index the website in any manner (excluding seo-related scraping (e.g., Google indexing)), to impersonate any other person or entity, or to obtain information about any user.
● hack or interfere with the website, its servers, or any connected networks.
● adapt, alter, license, sublicense, or translate the website for your own personal or commercial use.
● remove or alter, visually or otherwise, any copyrights, trademarks, or proprietary marks and rights owned by the company.
● use the website to collect user data by electronic or other means other than as expressly permitted by these website terms and applicable law.
● use the website in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining the company's trade secret information for public disclosure or other purposes.
● access or use this website for the purpose of creating a website, product, or service that is competitive with this website or any of the company's products or services.
● order from the website products for re-sale purposes, except expressly agreed by the company.
● cause or induce any third-party to engage in the restricted activities above.
The above restrictions supplement and are in addition to any other applicable restrictions that are set forth in any Additional Terms.
We reserve the right to investigate complaints or reported violations of these Website Terms and to take any action we deem appropriate, including, but not limited to, suspending or terminating your access to and use of the Website and the products and services offered via the Website, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to you, including, but not limited to traffic information.
We also reserve the right, in our sole discretion, to seek and obtain any other remedies available to us pursuant to any applicable laws and regulations or at equity as a result of your breach of Website Terms or any other act or omission by you that gives rise to a claim by Company.
3. THIRD PARTY NOTICES, CONTENT AND COMMUNICATIONS
Company disclaims all liability for any communications directed to you from any third-party, directly or indirectly, in connection with the Website (“Third-Party Communications”) that you may receive, and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Company assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.
The Website may include third-party content, third-party integrated API service providers, or links (such as hyperlinks) to third-party websites, products, or services (including external websites that are framed by the Website as well as any advertisements displayed in connection therewith) that are not owned or controlled by Company (collectively, “Third-Party Content”). They are provided as an information service, for reference and convenience only. Company does not control any such Third-Party Content and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, or products or services. Company does not make any representations or warranties with respect to any Third-Party Content and all use thereof is provided on an “as is” and “as available” basis and your use thereof is at your own risk. Inclusion of any Third-Party Content on the Website does not constitute or indicate Company's endorsement thereof and Company shall not be liable or responsible for any Third-Party Content transmitted through the Website. You shall be subject to any additional terms and conditions of use, guidelines, rules, or governance protocols applicable to any Third-Party Content that you access or otherwise interact with through the Website (“Third-Party Terms”). All such Third-Party Terms are hereby incorporated by reference into these Website Terms. You acknowledge and agree that Company will not and cannot censor or edit any Third-Party Content and that you shall assume the sole responsibility for, and risk associated with your use of Third-Party Content, including compliance with the terms and conditions of use, privacy policies, or practices associated therewith. Accordingly, Company encourages you to be aware when you leave the Website and/or access or otherwise interact with Third-Party Content via the Website and to read the terms and conditions of use and privacy policies associated with any such Third-Party Content.
By using the Website, you expressly relieve and hold Company harmless from any and all liability arising from your interaction with any Third-Party Communications and access and/or use of Third-Party Content, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third-Party Content on the Website or the failure of such Third-Party Content to function as intended. It is your sole responsibility to evaluate the content and usefulness of the information obtained from Third-party Content.
4. SPECIAL PROMOTIONS
Company may from time to time provide certain promotional opportunities, sweepstakes, and contests to Users. All such promotions will be run at the sole discretion of Company, and can be activated, modified, or removed at any time by Company without advance notification and the liability of any of Company's partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to these Website Terms. Any such promotional opportunities, sweepstakes and contests shall be subject in all respects to any additional rules and/or terms and conditions of entry related thereto.
5. DISCLAIMER OF WARRANTIES
Your use of the website and any products or services offered via the website is entirely at your own risk. The website is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of avaiability, merchantability, fitness for a particular purpose, and non-infringement. Company makes no warranties or representations about the accuracy, currentness, completeness, or reliability of the website, any website ip or website content or material provided through the website, or third-party content linked to the website, and company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (iii) any unauthorized access to or use of our secure servers, and/or any and all personal information stored therein. Company does not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by a third-party through the website or any hyperlinked website or featured in any banner or other advertising, and company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Without limiting the foregoing, neither the company nor any other company parties warrant that access to the website will be uninterrupted, that the website will be error-free, that defects will be corrected, or that it will always be accessible; nor do they make any warranty as to the results that may be obtained from the use of the website, or as to the timeliness, accuracy, reliability, completeness, or content of any content, information, or materials provided through or in connection with the use of the website. Neither the company nor its affiliates or licensors warrant that the platform is free from viruses, worms, trojan horses, or other harmful components. The company and its affiliates and licensors cannot and do not guarantee that any personal information supplied by you, as applicable, will not be misappropriated, intercepted, deleted, destroyed, or used by others.
Under no circumstances will any company parties be liable for any direct, indirect, incidental, consequential, special or exemplary damages, or damages for lost profits, lost of earnings, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, computer damage, or system failure, or the cost of substitute products or services of any kind, arising out of or in connection with these website terms or your use of or inability to use the website and/or the proudct you purchased via the website, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not such company parties have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. If, notwithstanding the foregoing exclusions, it is determined that any company party is liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total purchase price you paid to us.
You and company agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that neither you nor company will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or company acts or proposes to act in a representative capacity. You and company further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of you, company, and all parties to any such proceeding.
You acknowledge and agree that we have made the website available to you and entered into these terms in reliance upon the representations and warranties, disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between us and you and form an essential basis of the bargain between us and you. We would not be able to provide the website or sell any products to you without these limitations.
6. REPRESENTATIONS AND WARRANTIES
You represent and warrant that that you have the right, authority, and capacity to enter into, and to be bound by, these Website Terms and to abide by the terms and conditions of these Website Terms, and that you will so abide.
7. PRICE AND DELIVERY
Unless otherwise provided by applicable tax laws and regulations, price for products and services offered for sale on the Website is exclusive of any custom duties, VAT, GST, Sales tax, and/or any analogous taxes and the Company will account for and remit relevant such tax amount to relevant tax authorities pursuant to any applicable tax rules. Unless Company chooses to pay for your behalf, you understand that you will be considered an “importer on record” who shall solely be responsible for paying all custom duties and/or similar import taxes.
The price is also exclusive of any shipping costs, but you will be made aware of the estimated cost for the shipping solution you opt for with us prior to checkout.
You understand that we don’t warrant the accuracy of the price offered and in extreme events, error might occur in price displayed on the Website due to our internal malfunctioning of relevant software or external hacking and/or attacking. You agree that we are entitled to collect any price discrepancies from you by notice.
Time for delivery is based on estimation and we disclaim any warranty as to punctuality of any delivery of Order.
8. RETURN AND PRODUCT WARRANTY
Any issues relating to return or product warranty shall be governed by the Return and Warranty Policy, together with its amendments, published by the Company from time to time.
9. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless, the Company Parties, from and against any and all Liabilities arising out of or in connection with any Claim brought by a third-party arising from or related to: (i) your access and use of the Website; (ii) any breach of any representation, warranty, covenant, or obligation of yours under these Website Terms; (iii) your violation of any applicable law, rule, or regulation in connection with your access and use of the Website and any products or services offered herein; (iv) your violation of any third-party right, including, but not limited to, any intellectual property right; and (v) any act of gross negligence, or willful or intentional conduct by you. The applicable Company Parties shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon request. The applicable Company Parties reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the applicable Company Parties.
10. GOVERNING LAW; DISPUTE RESOLUTION
These Website Terms are governed by and construed in accordance with the laws of China, without reference to principles of conflicts of laws.
You and Company agree that any dispute, claim or controversy arising out of or relating to these Website Terms or the product you purchase via the Website or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, including, without limitation, any Website Content contained thereon (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Company are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution; Arbitration" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Website Terms.
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. All disputes arising under or relating to these Website Terms or to your purchase and use (or inability to use) of the Website or products shall be settled by arbitration administered by the Shenzhen International Arbitration Court under its then-current arbitration rules. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof.
Notwithstanding Company's right to amend or modify these Website Terms, if Company changes this "Dispute Resolution" section after the date you first accepted these Website Terms (or accepted any subsequent changes to these Website Terms), you may reject any such change by sending us written notice (including by contacting us at support@kingwellhearing.com) within 30 days of the date such change became effective, as indicated in the date of Company's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Website Terms (or accepted any subsequent changes to these Website Terms).
You agree that regardless of any applicable statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website or these Website Terms must be filed within one (1) year after such claim or cause of action arose or be forever and fully barred.
11. WEBSITE ACCESS REQUIREMENTS; UPDATES AND MAINTENANCE
Access to and use of the Website require a compatible web browser and internet connection. It also requires that we have access to your device identifier and location information. Although we are working to ensure that the website is compatible across various devices, we cannot guarantee that the website will work with all devices.
It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility. Your use of the website may vary in functionality, availability, and quality depending on the type of device and the operating system that you use, and the company accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system, settings, and software).
Your access to the website may be interfered with by numerous factors outside of the company's control, including, but not limited to, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment, or software defects. The company is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the website.
The company may in the future update the website for repair or maintenance purposes or to change any tools, products, services, functionalities, or features thereof (an “update”). The company shall not be liable to any user in any way as a result of any temporary or permanent suspension of the website or any tools, products, services, functionalities, or features thereof arising from or in connection with an update. Furthermore, the company is under no obligation to undergo an update of the website to the extent that any website content and/or other tool, product, service, functionality, or feature thereof is out of date. The terms of the website license granted to you hereunder shall apply in full to any update. Following an update, you may not be able to use the website until you have downloaded the latest version and accepted any new terms.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created between you and the company by these website terms. Company is not a broker, intermediary, agent, or financial advisor for any user, and Company has no fiduciary obligation to any user in connection with any acts or omissions of the user with respect to any products or services offered via the website. For the avoidance of doubt, the company is in no manner providing investment advice, tax advice, legal advice, or other professional advice, whether through the website or otherwise.
12. ASSIGNMENT
Company may freely assign, subcontract, and/or otherwise transfer any or all of its rights and/or obligations under these Website Terms to any company, firm or person. You may not transfer your rights or obligations under these Website Terms to anyone else.
13. WAIVER AND SEVERABILITY OF TERMS; ENTIRE AGREEMENT
Failure by Company to enforce any provision(s) of these Website Terms will not be construed as a waiver of any provision or right. If any provision of these Website Terms is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. These Website Terms incorporate by reference any notices contained on the Website and constitute the entire agreement with respect to access to and use of the Website and the products and services offered via the Website.
14. TERMINATION OF THE WEBSITE
Company reserves the right to terminate the Website and your access and use of the Website and/or any products or services offered via the Website for any reason, without notice to you, at any time.
15. FEEDBACK
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the User community. If you choose to contribute by sending us or our employees any ideas for services, features, modifications, enhancements, content, refinements, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending us Feedback, you agree that: (i) Company has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; (ii) Feedback is provided on a non- confidential basis, and Company is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and (iii) you irrevocably grant Company a perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
16. OPEN-SOURCE SOFTWARE
The Website may contain certain open-source software. Each item of open-source software is subject to its own applicable license terms.
Some services offered through the Website may be subject to third-party terms and conditions adopted by the Company. Your use of those services is subject to those third-party terms and conditions, which are incorporated into these Website Terms by reference.
17. CONTACT
General questions or comments about the Website or these Website Terms should be emailed to support@kingwellhearing.com