Terms and Condition
By accessing and/or using the Website, you represent and warrant that you are at least eighteen (18) years of age, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Website on behalf of a business entity, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that business entity.
4. Purchases & Payments
If you purchase a product through the Website, you will be required to provide your billing and shipping information as well as information regarding your credit or debit card (each, a “Payment Card”) so that we may charge you for the costs and fees associated with your purchase. You represent and warrant that you are the authorized account holder on all Payment Cards you submit through the Website and acknowledge and agree that Qicheng has the right to charge your Payment Card for the cost of the Products, and all taxes, shipping, and handling fees communicated to you at the time of your purchase.
Your order is an offer to Qicheng to buy the product(s) in your order. When you place an order to purchase a product from Qicheng, we will send you an email confirming receipt of your order and containing the details of your order (the “Order Confirmation Email”). The Order Confirmation Email is an acknowledgment that we have received your order and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send email confirmation to you that we’ve dispatched the product to you.
If you are not fully satisfied with the Products purchased by you on the Website, you may return the Product, in its original packaging, to Qicheng for a refund within sixty(60) days of the date of your purchase. After the 60-day refund window has expired, your only recourse regarding the Products is through our warranty.
At Qicheng’s sole discretion, you may be permitted to purchase certain Products by using the payment processing services of PayPal.com (“PayPal”). You understand and agree that Paypal is Third Parties, as that term is defined below, and that if you choose to complete any portion of your purchase through these Third Parties, your purchase may be governed by the terms of service, privacy policies, refund policies, and other policies and agreements of such Third Parties. It is up to you to familiarize yourself with the policies and agreements of these Third Parties.
5. License to Use Website
Subject to your compliance with this Agreement, Qicheng grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the Website for your personal use.
This license does not include, and you must not:
- Republish material from the Website (including republication on another website), sell, rent or sub-license material from the website
- Show any material from the website in public
- Reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose
- Edit or otherwise modify any material on the website
- Redistribute material from the Website except for content specifically and expressly made available for redistribution
Unless otherwise stated, Qicheng and/or its licensors own the intellectual property rights in the website and material on the Website, and all rights not expressly granted in this Agreement are reserved by Qicheng.
6. Assumption of Risk; Release
You knowingly and freely assume all risk when using the Website. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Qicheng and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, assigns, parents, subsidiaries, and related entities, including HearingAidsElite (collectively, the “Company Parties”) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Website.
7. User account, Accuracy & Security
You may be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Website. You agree to notify Qicheng immediately of any unauthorized use of your Account. Qicheng shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by Qicheng, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Account.
8. Prohibited Conduct
Qicheng imposes certain restrictions on your use of the Website. Any violation of this Section 8 may subject you to civil and/or criminal liability.
You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Qicheng’s express written consent.
You must not engage in any of the following conduct on the Website, which is expressly prohibited: (a) providing false, misleading, or inaccurate information to Qicheng or any other person in connection with the Website; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (d) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures without proper authorization; (e) interfering or attempt to interfere with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (f) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (g) creating additional Accounts to promote your (or another’s) business, or causing others to do so; or (h) paying anyone for interactions on the Website.
You must not use the Website to transmit or send unsolicited commercial communications.
You must not use the Website for any purposes related to marketing without Qicheng’s express written consent.
9. User Content
You grant to Qicheng a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Qicheng the right to sub-license these rights, and the right to bring an action for infringement of these rights, provided, however, that Qicheng shall not bring an action for infringement of any Product reviews posted by you without your express further permission.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Qicheng or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
Qicheng reserves the right to edit or remove any material submitted to the Website, or stored on Qicheng’s servers, or hosted or published upon the Website.
10. No Warranties; Limitation of Liability
Qicheng, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Website, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither Qicheng nor its licensors or suppliers warrants that the Website will meet your requirements, or that the operation of the Website will be uninterrupted or error-free. Qicheng disclaims all implied liability for damages arising out of the furnishing of the Website pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to furnish the Website, whether caused by acts of commission or omission, or any other damage occurring. Qicheng shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of Qicheng, Company Parties, or Qicheng users, or their agents or representatives.
Your Responsibility for Loss or Damage; Backup of Data.
You agree that your use of the Website is at your sole risk. You will not hold Qicheng or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Website, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Website may contain bugs, errors, problems, or other limitations.
Limitation of Liability
In no event shall Qicheng or its licensors or suppliers be liable to you for any claims arising from your use with the Website, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or Websites, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice is given to Qicheng or its licensors and suppliers arising out of or in connection with your use of the Website. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Qicheng and you. The Website would not be provided without such limitations.
Application of Disclaimers
The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and Qicheng or between you and any of Qicheng’s licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Qicheng’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or otherwise shall alter any of the disclaimers or limitations stated in this section.
Nothing on the Website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
11. Consent to Receive Electronic Communications from Qicheng
12. Intellectual Property
You represent and warrant that, when using the Website, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Website is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
HearingAidsElite and the HearingAidsElite logo (collectively, the “HearingAidsElite Marks”) are trademarks of Shenzhen Qicheng Technology Co., Ltd., and used by Qicheng with permission.
Other trademarks, Website marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Website may be the trademarks of third parties. Neither your use of the Website nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the HearingAidsElite Marks or any third-party trademarks, Website marks, graphics, logos, or domain names. You agree that any goodwill in the HearingAidsElite Marks generated as a result of your use of the Website will inure to the benefit of Shenzhen Qicheng Technology Co., Ltd., and you agree to assign and do assign, all such goodwill to Shenzhen Qicheng Technology Co., Ltd.. You shall not at any time, nor shall you assist others to, challenge Shenzhen Qicheng Technology Co., Ltd.’s right, title, or interest in, or the validity of, the HearingAidsElite Marks.
All content and other materials available through the Website, including without limitation the HearingAidsElite logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Shenzhen Qicheng Technology Co., Ltd. Except as explicitly provided, neither your use of the Website nor this Agreement grant you any right, title, or interest in any such materials.
By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable.
If you do not think they are reasonable, you must not use the Website.
14. Other Parties
The Website may be linked with the websites of third parties (“Third Party Websites”), some of whom may have established relationships with Qicheng and some of whom may not. Qicheng does not have control over the content and performance of Third-Party Websites. Qicheng has not reviewed, and cannot review or control, all of the material, including computer software or other goods or Websites, made available on Third-Party Websites. Accordingly, Qicheng does not represent, warrant, or endorse any Third Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or Websites available through Third-Party Websites. Qicheng disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Websites.
You accept that, as a limited liability entity, Qicheng has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Qicheng’s officers or employees, or against any Company Parties, in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Website disclaimer will protect Qicheng’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Qicheng and the Company Parties.
15. Unenforceable Provisions
If any provision of the Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Website disclaimer.
Without limiting any indemnification provision of this Agreement, you (the “Indemnitor”) agree to defend, indemnify, and hold harmless Qicheng and the Company Parties (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, “Claim”, and collectively, “Claims”), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Qicheng, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and Qicheng, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Website or Products; (iv) your provision to Qicheng or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (vi) your violations of Section 8 regarding prohibited uses of the Website and other prohibited conduct; or (vii) your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.
Without limiting any other provision of this Agreement, Qicheng reserves the right to, in Qicheng’s sole discretion and without notice or liability, deny use of the Website to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by Qicheng.
Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Website. Upon termination, Qicheng may, but has no obligation to, in Qicheng’s sole discretion, rescind any Websites and/or delete from Qicheng’s systems all your Personal Information and any other files or information that you made available to Qicheng or that otherwise relate to your use of the Website. Upon termination, you shall cease any use of the Website.
After termination, Qicheng reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Website, including without limitation technological barriers such as IP blocking and direct contact with your Internet Website Provider.
Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Sections 1-4 and 6–27.
18. Dispute Resolution
If you, on the one hand, and Qicheng and Company Parties (collectively, “Arbitration Parties”), on the other hand, cannot resolve a dispute or other Claim through negotiations, any party may elect to have the dispute or Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).
You acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.
The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
If you were a resident of the United States or its territories at the time the dispute arose (a “U.S. Dispute”), the arbitration shall be commenced and conducted in English under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this Agreement, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for in this Agreement, the appropriate Arbitration Party will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you will pay the arbitrator fees, in addition to any amount that exceeds the filing fees. In that case, you also agree to reimburse the appropriate Arbitration Party for all payments disbursed that are your obligation to reimburse under the AAA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. The place of the arbitration will be Irvine, California, but the arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The Arbitration Parties may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (including, without limitation, fees, expenses, and reasonable attorneys’ fees) at any time during the proceeding and upon request from either party, within 14 days of the arbitrator’s ruling on the merits.
If you were not a resident of the United States or its territories at the time the dispute arose (an “International Dispute”), the arbitration shall be commenced and administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one for disputes of claimed value less than $10,000 (USD) and three for all other disputes. The arbitration proceedings shall be conducted in the claimant’s choice of English or Chinese, which election shall be made at the time of filing the Notice of Arbitration.
Restrictions Against Joinder of Claims
You and the Arbitration Parties agree that any arbitration shall be limited to each Claim individually. Parties to arbitration under this agreement may only bring claims against the other in your or an Arbitration Party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
Remedies in Aid of Arbitration; Equitable Relief
This agreement to arbitrate will not preclude you or the Arbitration Parties from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or the Arbitration Parties from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.
For U.S. Disputes, “Court of Competent Jurisdiction” means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in Orange County, California. For International Disputes, “Court of Competent Jurisdiction” means the courts of Hong Kong.
Venue for any Judicial Proceeding
For U.S. Disputes, this Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in California, and shall be governed by and construed in accordance with the laws of California without regard to its conflict of law principles. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Orange County, California. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial Service of process.
For International Disputes, this Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Hong Kong, and shall be governed by and construed in accordance with the laws of Hong Kong without regard to its conflict of law principles. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Hong Kong. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial Service of process.
The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
All notices required or permitted to be given under this Agreement must be in writing. Qicheng shall give any notice by email sent to the most recent email address if any, provided by the intended recipient to Qicheng. You agree that any notice received from Qicheng electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with Qicheng is accurate and current, and notice to you shall be deemed effective upon the sending by Qicheng of an email to that address. You shall give any notice to Qicheng by submitting said notice to us at firstname.lastname@example.org.
22. No Waiver
A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
23. Independent Contractors
You and Qicheng are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
24. No Third-Party Beneficiaries
There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties, Indemnitees, and Qicheng’s licensors and suppliers (to the extent expressly stated in this Agreement).
25. Entire Agreement
Last Modified: 08/05/21
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