1. Scope

1.1. Any use of this web site by you (“User” or “you”) provided by Audiocare Hearing Experts Malaysia Sdn Bhd (“hear.com”) and/or its affiliates, (“hear.com Web Site”), is subject to these Terms of Use. These Terms of Use may be updated and amended from time to time at the sole discretion of hear.com or may be amended or modified by other terms and conditions, e.g. for the purchase of products and services. Your continued or subsequent access or use of the hear.com Web Site shall be deemed to be your acceptance of the amended or modified Terms of Use. In accessing or using the hear.com Web Site these Terms of Use are accepted by you in their then current version. If you do not agree to these Terms of Use, please do not use the hear.com Web Site.

1.2. hear.com is not responsible in the event that any information made available to you on the hear.com Web Site is inaccurate or incomplete. The content of the hear.com Web Site is provided for general informational purposes only and should not be relied on or used as the basis for making decisions without additional verification as to the completeness, accuracy and currency of the content of the hear.com Web Site. hear.com reserves at all times the right but not the obligation to modify the content of the hear.com Web Site without notice to you, including but not limited to making changes or improvements to products, services or other particulars described on the hear.com Web Site.

2. Services

2.1. This hear.com Web Site contains specific information and software, as well as – as the case may be – related documentation, for viewing or downloading.

2.2. hear.com may stop the operation of the hear.com Web Site in full or in part at any time. Due to the nature of the internet and computer systems, hear.com cannot accept any liability for the continuous availability of the hear.com Web Site.

3. Registration, Password

3.1. Some pages of the hear.com Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. hear.com reserves the right to deny registration to any User. hear.com particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. hear.com is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User:

uses false data for the purpose of registration;
violates these Terms of Use or neglects its duty of care with regard to User Data;
violates any applicable laws in the access to or use of the hear.com Web Site; or

3.2. For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure that its e-mail address, as supplied to hear.com, is current at all times and an address at which the User can be contacted.

3.3. Upon registration the User will be provided with an access code, comprising a User ID and a password (“User Data”). On first access the User shall promptly change the password received from hear.com into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.

3.4. The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify hear.com thereof without undue delay in writing, or, as the case may be, by e-mail.

3.5. After receipt of the notice under paragraph 3.4, hear.com will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User’s application to hear.com or upon new registration.

3.6. The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event hear.com will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.

4. Rights of Use to Information, Software and Documentation

4.1. The use of any information, software and documentation made available on or via this hear.com Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with hear.com. Separately agreed to license terms where applicable, for example software downloads, shall prevail over these Terms of Use.

4.2. hear.com grants User a revocable at will, non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the hear.com Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by hear.com in making same available.

4.3. Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case hear.com shall make the source code available in return for the payment of costs.

4.4. Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.

4.5. The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.

4.6. All content on the hear.com Web Site is the exclusive property of hear.com. Any use of such content other than as expressly mentioned in these Terms of Use is expressly prohibited and you agree to abide by any additional restrictions as may be set out in the hear.com Web Site from time to time. hear.com neither warrants nor represents that your use of the content on the hear.com Web Site will not infringe rights of any third parties.

5. Intellectual Property

5.1. Notwithstanding the particular provisions in paragraph 4 of these Terms of Use, information, brand names and other contents of the hear.com Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of hear.com.

5.2. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

5.3. hear.com may, without charge, use any ideas or proposals stored by a User on the hear.com Web Sites for the development, improvement and sale of its products.

6. Duties of the User

6.1. In accessing or using the hear.com Web Site the User shall not:

• harm other persons, in particular minors, or infringe their personal rights;
• breach public morality in its manner of use;
• violate any intellectual property right or any other proprietary right;
• upload any contents containing a virus, such as a Trojan Horse, or any other program that could damage data;
• transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
• distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

6.2. hear.com may deny access to the hear.com Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

6.3. You agree to indemnify, defend and hold harmless hear.com and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable legal fees and court costs, arising or resulting from your use of the hear.com Web Site and any violation of these Terms of Use. If you cause a technical disruption of the hear.com Web Site or the systems transmitting the hear.com Web Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable legal fees and court costs, arising or resulting from that disruption. hear.com reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with hear.com in the defense of such matter.

7. Hyperlinks

The hear.com Web Site may contain hyperlinks to the web pages of third parties. hear.com shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as hear.com does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

8. DISCLAIMER

YOUR USE OF THE hear.com WEB SITE IS AT YOUR SOLE RISK AND YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE hear.com WEB SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. THE hear.com WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE hear.com WEB SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. hear.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SIGNIA WEB SITE ARE NON-INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE hear.com WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE hear.com WEB SITE WILL BE SECURE; THAT THE hear.com WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE hear.com WEB SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE hear.com WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM hear.com OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. TO THE EXTENT ALLOWED BY APPLICABLE LAWS, hear.com MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE hear.com WEB SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

9. LIMITATION OF LIABILITY

IN NO EVENT WILL hear.com BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE hear.com WEB SITE OR ANY USE OF THE hear.com WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE hear.com WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF SIGNIA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT hear.com SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SIGNIA WEB SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH hear.com IS TO DISCONTINUE YOUR USE OF THE hear.com WEB SITE AND YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SIGNIA WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

10. Compliance with Export Control Regulations

10.1. If the User transfers information, software and documentation provided by hear.com to a third party, the User shall comply with all applicable national and international (re-) export control regulations. In any event of such transfer the User shall comply with the (re-) export control regulations of the Federal Republic of Germany, of the European Union and of the United States of America.

10.2. Prior to any such transfer to a third party the User shall in particular check and guarantee by appropriate measures that:

There will be no infringement of an embargo imposed by the European Union, by the United States of America and/ or by the United Nations by such transfer or by provision of other economic resources in connection with information, software and documentation provided by hear.com, also considering the limitations of domestic business and prohibitions of by-passing those embargos;
Such information, software and documentation provided by hear.com are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorization, unless required authorization is provided;
The regulations of all applicable Sanctioned Party Lists of the European Union and the United States of America concerning the trading with entities, persons and organizations listed therein are considered.

10.3. If required to enable authorities or hear.com to conduct export control checks, the User, upon request by hear.com, shall promptly provide hear.com with all information pertaining to the particular end-user, the particular destination and the particular intended use of information, software and documentation provided by hear.com, as well as any export control restrictions existing.

10.4. The User shall indemnify and hold harmless hear.com from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance with export control regulations by the User, and the User shall compensate hear.com for all losses and expenses resulting thereof, unless such noncompliance was not caused by fault of the User. This provision does not imply a change in burden of proof.

10.5. hear.com’s obligation to fulfill an agreement is subject to the proviso that the fulfillment is not prevented by any impediments arising out of national and international foreign trade and customs requirements or any embargos or other sanctions.

11. Data Privacy Protection

For collection, use and processing of personally identifiable data of the User of the hear.com Web Site, hear.com shall comply with applicable laws on data privacy protection and the hear.com Web Site Data Protection Privacy Policy, which is available per hyperlink on the hear.com Web Site.

12. Supplementary Agreements, Place of Jurisdiction, Applicable Law

12.1. These Terms of Use shall be governed by – and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with the laws of Singapore, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

12.2. None of these Terms of Use shall be enforceable under the Contracts (Rights of Third Parties) Act (Cap 53B) of Singapore by a person who is not a party to these Terms of Use.

12.3. You consent irrevocably to the non-exclusive jurisdiction of the courts of Singapore. hear.com reserves the right, if it sees fit, to bring proceedings in the courts of the country of your residence. We recognise that you may obtain access to the hear.com Web Site from other jurisdictions in the world and we are unable to prevent such access. The hear.com Web Site has been designed to comply with the laws of Singapore. If any material on the hear.com Web Site is contrary with the laws of the place where you are accessing the hear.com Web Site, we ask that you do not use the hear.com Web Site.

12.4. The individual pages of the hear.com Web Site are operated and administered by Hearing Experts Pvt. Ltd. and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. hear.com makes no representation that information, software and/or documentation on the hear.com Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access hear.com Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to hear.com Web Site’s information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with hear.com, the User should contact the hear.com representative for the particular country for country specific business.

12.5. The failure of hear.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect.

13. Newsletter

Should you no longer wish to receive our informative emails, you may click on the unsubscribe link located within each message received and/or you may contact us at service-my@hear.com.

hear.com Malaysia is an official sister company and Malaysian portal of audibene.