Terms & Conditions
YOUR ACCESS AND USE OF THIS SITE IS SUBJECT TO THE FOLLOWING TERMS OF SERVICE (THE “TERMS AND CONDITIONS”) AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS.
Injoy Hearing owns and operates the website injoyhearing.com and its associated pages, affiliated websites and social media pages, as well as information you obtain from Injoy, whether from the Site, by telephone or email or through other means of communication with us, as well as Injoy’s mobile application (collectively, the “Site”). These Terms of Service are subject to change by Injoy without prior written notice at any time, at their sole discretion. By accessing or using the Site or any information, products or services from the Site, you agree to be bound by and to comply with these Terms and Conditions. Injoy reserves the right to refuse service or the sale of products at any time, consistent with applicable law.
Medical Disclaimer
Any communication between Injoy and you is not considered a doctor-patient or other professional relationship and cannot be assumed to be subject to patient or other privacy protections except as explicitly provided in our Privacy Policy. This Service is not designed to provide professional diagnosis or treatment services to you or any other individual. Injoy is not a Healthcare provider, and any information provided through Injoy’s site or other communications is for informational purposes only. Any information provided through Injoy, its website, employees, social media or any other means is not a substitute for medical advice. Injoy is not liable or responsible for any advice, treatment, diagnosis, product or information you obtain through our service. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL 911 OR YOUR PHYSICIAN. You agree to use the products and information on this site at your own risk. Injoy does not recommend or endorse any specific tests, physicians, products, procedures or services. Any test provided by Injoy is not a medical test and is solely provided for fitting of a hearing aid.
Medical Information
If you provide us with an audiogram or any audiological test, you represent that it was done by a medical professional or audiologist who completed the test.
Authorized Use of Service
Injoy provides this service for your personal use only. It is only intended for persons over the age of 18.
Subject to these Terms and Conditions, Injoy grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Site for the purpose of ordering products, conducting online hearing tests, and any other information or use through the Site. Injoy retains and reserves all of its rights in the Site and, except as expressly provided above, no rights or licenses in or to the Site or any other intellectual property of Injoy are granted or provided, hereunder, by implication, estoppel or otherwise.
The Site may not be used for purposes that are unlawful, in violation of any applicable laws or regulations or contrary to these Terms and Conditions. Furthermore, you agree not to (and shall have no right to): (i) reverse engineer, disassemble, decompile, modify, or create derivative works of or based on the Site or any other part of (including any software contained in) the Site or Injoy’s products or services; (ii) license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Site; (iii) upload, transmit or distribute any computer viruses, worms, malware or any other software intended to damage or alter any software, data, computer, device or communications network in connection with your use of or access to the Site; or (iv) remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) that may be contained in, or displayed in connection with, the Site.
Warranty
GENERAL DISCLAIMER OF WARRANTIES: SUBJECT TO THE WARRANTY FOR THE DEVICE AND PRODUCTS OUTLINED ABOVE, THE SERVICE, ITS CONTENTS AND ALL TEXT, IMAGES, PRODUCTS (INCLUDING DEVICE(S)), ORDERS, GRAPHICS, AND OTHER INFORMATION, ACCESSIBLE FROM OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT: (I) THE INFORMATION AVAILABLE ACCESSIBLE VIA THE SERVICE IS ACCURATE, COMPLETE, CURRENT OR FREE OF ERRORS; (II) THE FUNCTIONS CONTAINED ON THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED; OR (IV) THE SITES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Warranty Period: Injoy offers you a limited warranty valid starting from the date of delivery of purchase. Injoy provides 3 years of repair and loss and damage coverage for all hearing aid purchases. Injoy provides 1 year of repair and 1 year of loss and damage for any other accessories or chargers.
Warranty Fees: Any hearing aid or accessory that is under warranty for loss and damage can be replaced with a similar product with a per-unit deductible of $295. Hearing aids and any accessory may be replaced only once under this program. They cannot be returned for credit. All replacement products will continue to use the original date of warranty on the original product. You will be required to return the damaged product prior to receiving a replacement.
Returns: Injoy provides a 30-day return window for products purchased from the date of delivery. If Injoy receives the return within the 30-day window, you may receive a full refund. In order to receive a refund, items returned must be in the same condition, undamaged, and not repaired. Return eligibility is at the sole discretion of Injoy.
Out-of-Warranty Repair: For up to 5 years after purchase, Injoy will accept repairs and services of any Injoy hearing aid. Injoy will provide the customer with the quote for the cost of the repair service for them to approve unless the customer preapproves charges.
Reselling
Injoy does not allow the reselling of any products and/or services used and/or purchased from this site under any conditions or circumstances.
Privacy Policy
The privacy of your personal information (including your medical information) is very important to us. See our Privacy Policy at: https://injoyhearing.com/privacy-policy/
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INJOY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS AND CONDITIONS OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE (INCLUDING THE ONLINE HEARING ASSESSMENT), OR YOUR PURCHASE OR USE OF ANY PRODUCTS, SERVICES OR INFORMATION FROM INJOY, INCLUDING WITHOUT LIMITATION ANY FAILURE OF, OR ERROR IN, PERFORMANCE OF THE SITE OR ANY SUCH PRODUCTS OR SERVICES. BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY THE RELEVANT LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INJOY’S TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT TO THE PROVISIONS ABOVE, ARISING FROM OR RELATED TO THE SITE, THESE TERMS OR CONDITIONS, OR ANY PRODUCTS OR SERVICES OF INJOY, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED THE GREATER OF (i) FIVE HUNDRED DOLLARS ($500); OR (ii) THE AMOUNTS ACTUALLY PAID BY YOU TO INJOY THROUGH THE SITE OR FOR ANY SUCH PRODUCTS OR SERVICES.
GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER (IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS). YOU HEREBY EXPRESSLY CONSENT TO BINDING ARBITRATION BEFORE ONE ARBITRATOR, TO BE ADMINISTERED BY JAMS IN SAN FRANCISCO, CALIFORNIA FOR ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING IN CONNECTION WITH THESE TERMS OF SERVICE, YOUR ACCESS OR USE OF THE SERVICE, AND YOUR PURCHASE AND USE OF ANY PRODUCTS FROM THE SERVICE. YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST INJOY, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Injoy is a party to the proceeding. If any provision of this section regarding dispute resolution and governing law is found unenforceable, the unenforceable provision will be severed and the remaining terms will be enforced.
Indemnification
You agree to indemnify, defend and hold harmless Injoy, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) any breach by you of any of these Terms of Service (ii) any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Service; (iii) your use of any information obtained from the Website; (iv) your use of the Device or any other product purchased from the Services; or (v) your failure to comply with applicable law.
Severability
If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Service, for any failure or delay in our performance to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
TRADEMARKS: All rights in the Injoy company name or its products’ names, its service marks, trademarks, logos and product designs and packaging, belong exclusively to Injoy. You may not use or display any of the foregoing without Injoy’s prior written consent.
General Provisions
You agree that any dispute with Injoy or in regards to the use of this Site shall be brought solely in the courts of competent jurisdiction in the State of Kansas, and shall be governed by the laws of the State of Kansas without regard to conflicts of law principles. These Terms and Conditions, together with the Privacy Policy and any Bill of Sale from Injoy constitute the entire agreement between you and Injoy with respect to the subject matter herein, and supersedes any prior agreements, understandings or arrangements between you and Injoy with respect to such subject matter. If any provision of these Terms and Conditions are deemed invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. You may not assign these Terms and Conditions nor assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Injoy. Any purported assignment or delegation by you without the appropriate prior written consent of Injoy will be null and void. Injoy may freely assign these Terms and Conditions or any rights hereunder without your consent. You and Injoy are independent contractors and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions. No failure or delay in exercising any right, provision or remedy under these Terms and Conditions shall constitute a waiver thereof, and all waivers must be in writing, signed by the waiving party, to be effective. No waiver of any of these Terms and Conditions shall be deemed a waiver of other Terms and Conditions herein. Any claim or dispute brought by or for you against Injoy must be commenced within one year after cause of action arises, or else such claim or cause of action is barred.
