Terms and Conditions
About us
hearX is a mHealth Solutions company, within the smart technology space, which provides technology and solutions for a subset of health care services. “hearX” includes hearX SA (Pty) Ltd, hearX Group (Pty) Ltd, hearX UK, hearX USA, Inc, hearX Asia. These terms and conditions cover all the sales from all of these entities and the use of any of the associated websites and services.
1. Terms & Conditions
1.1. This document sets out the terms and conditions (“Terms”) of hearX Group (Pty) Ltd with registration number 2016/198519/07 and registered address Building 2 Ashlea Gardens Office Park, 180 Garsfontein Road, Ashlea Gardens, Pretoria, 0081 (“hearX, we, our or us”) pertaining to the access and use of the information, products, services and functions provided on www.hearxgroup.com, including our mHealth Studio Cloud, Leads online portal, dbTrack online portal or any other services offered by us via a secure online login system (“Website”).
1.2. Should any person that accesses the Website you (“you” or “user”) disagree with any of the Terms, you must refrain from accessing the Website and/or using our services.
1.3. If you are under the age of 18, you must obtain your parents' or legal guardians' advance authorization, permission and consent to be bound by these Terms before purchasing any products or services.
1.4. We reserve the right to change, modify, add to or remove from portions or the whole of these Terms from time to time. Changes to these Terms will become effective upon such changes being posted to this Website. It is the User's obligation to periodically check these Terms at the Website for changes or updates. The User's continued use of this Website following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these Terms, including such changes or updates.
1.5. We will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information is affected by the intended amendment.
1.6. If there is anything in these Terms that you do not understand, please contact us as soon as possible. Please note that calls to us are charged at national rates and may be monitored for training, security and quality assurance purposes.
2. Agreement
2.1. We, jointly and severably, (hearX, we, our or us) are the following group of companies:
2.1.1. hearX Group (Pty) Ltd, a company registered in the Republic of South Africa under registration number 2016/198519/07;
2.1.2. hearX SA (Pty) Ltd, a company registered in the Republic of South Africa under registration number 2015/193076/07;
2.1.3. hearX IP (Pty) Ltd, a company registered in the Republic of South Africa under registration number 2018/033837/07;
2.1.4. hearScreen (Pty) Ltd, a company registered in the Republic of South Africa under registration number 2015/193139/07;
2.1.5. hearX USA Inc. a Delaware Corporation;
2.1.6. hearX Asia (Pte), a company registered in the Republic of Singapore under registration number 201621870D;
2.1.7. hearX UK (Ltd), a company registered in England and Wales under registration number 12994229.
2.2. These Terms form the basis of the legal relationship between you (product user, Website browser, one who procures or makes contact) and us under which we agree to provide you with our equipment, services, software, hardware, tools, know how, content (the “Services”).
2.3. These Terms create the contract between you and us for the Services. They will become binding on you and us when you elect to utilize our Services.
3. Use of Website and Security
3.1. You may only use this Website to browse the content and make legitimate purchases. You may not use this Website for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases.
3.2. The user hereby agrees that this Website and the content provided thereon shall not, by the user, nor through any third party be:
3.2.1. copied, reproduced, translated, adapted, varied, modified, leased, licensed, republished, uploaded, posted, transmitted, distributed, encumbered, or in any other way deal with any part of the Website for any reason and in any manner, which is inconsistent with the intent and purpose of these Terms;
3.2.2. decompile, disassemble or reverse engineer any portion of the Website;
3.2.3. write and/or develop any derivative of the Website or any other software program based on the Website;
3.2.4. without hearX’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
3.2.5. remove any identification, trademark, copyright or other notices from the Website;
3.2.6. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, ob-scene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
3.2.7. notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.
3.3. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this Website and/or the materials contained on this Website may violate applicable copyright, trademark or other intellectual property laws or other laws;
3.4. In order to ensure the security and reliable operation of the services to all hearX’s users, we hereby reserve the right to take whatever action we may deem necessary to preserve the security, integrity and reliability of our network and back-office applications.
3.5. You may not utilise the Website in any manner which may compromise the security of hearX’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should hearX suffer any damage or loss, civil damages shall be claimed by hearX against the user.
3.6. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by hearX and its affiliates, agents and/or partners.
4. Disclaimer of Warranty
4.1. Website:
4.1.1. The contents of this Website are provided as is without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non- infringement. The owner of this Website, the authors of these contents and in general anybody connected to this Website in any way, from now on collectively called Providers, assume no responsibility for errors or omissions in these contents.
4.1.2. The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents.
4.1.3. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall the Providers be liable for any loss, harm, or damage suffered by the user as a result thereof. The Providers reserve the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should the Providers deem it necessary.
4.1.4. The liability of the Providers for faulty execution of the Website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the Website shall be limited to the Providers rectifying the malfunction, within a reasonable time and free of charge, provided that hearX is notified immediately of the damage or faulty execution of the Website.
4.1.5. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the Website without the prior written approval of the Providers.
4.1.6. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages.
4.1.7. You hereby unconditionally and irrevocably indemnify the Providers and agree to hold the Providers free from all loss, damages, claims and/or costs, of whatsoever nature suffered, incurred or instituted against the Providers as a direct or indirect result of:
4.1.7.1. your use of the Website;
4.1.7.2. software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of the Providers;
4.1.7.3. your failure to comply with any of the terms or any other requirements which the Providers may impose from time to time;
4.1.7.4. the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
4.1.7.5. any unavailability of, or interruption in, the service which is beyond the control of the Providers.
4.1.7.6. hearX makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website. You expressly waive and renounce all your rights of whatever nature that you may have against hearX for any LOSS suffered by you, as a result of information supplied by hearX being incorrect, incomplete or inaccurate.
4.1.8. The Providers cannot assume any obligation or responsibility. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
4.2. Products
4.2.1. The use of our products is entirely at own risk and you assume full responsibility and risk of loss resulting from the use thereof. Under no circumstances shall hearX be liable for any loss, harm, or damage suffered as a result thereof.
4.2.2. To the extent permissible by law neither hearX, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to use our products or any functionality thereof, or the information collected through the use of our products, even if hearX knows or should reasonably have known or is expressly advised thereof.
4.2.3. In no event shall hearX be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with our products or its use or the delivery, installation, servicing, performance or use of it in combination with other products.
4.2.4. You hereby unconditionally and irrevocably indemnify hearX and agree to hold hearX free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred as a direct or indirect result of the use or misuse of our products and/or your failure to comply with any of the terms or any other requirements which may be imposed by law or Government Regulations, from time to time.
4.2.5. hearX makes no warranty or representation as to your right and allowance to use our products for its desired purpose. You are responsible to ensure that the product is used within the intended purpose or framework within the specific market or territory and that you have the required certifications, qualifications and/or permissions to use the product.
4.2.6. The hearDigits widget available on the Website is for demonstration purposes only, and is not intended to be a substitute for or constitute professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition.
5. Our Rights
We reserve the right to:
5.1. modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
5.2. change these Terms from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website.
5.3. change pricing, promotions, discounts and/ or other offers at our sole discretion. Any issued quotations will only be valid for the period as indicated thereupon, to a maximum of one month from date of issue, unless otherwise agreed upon by hearX in writing.
5.4. We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
5.5. We may use the services of third parties to provide information on the Website. We make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that hearX and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
5.6. hearX makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website.
5.7. hearX does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. hearX expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
5.8. whilst hearX has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
5.9. hearX disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which hearX receives it and statements from external parties are accepted as fact.
5.10. hearX is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and Services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to hearX’s right to claim damages, should any user:
5.10.1. breach any of these Terms;
5.10.2. in the sole discretion of hearX, use the Website in an unauthorised manner; or
5.10.3. infringe any statute, regulation, ordinance or law.
5.11. Breach of these Terms entitles hearX to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to hearX on an attorney and own client scale.
6. Intellectual property rights
6.1. For the purpose of this clause, the following words shall have the following meanings ascribed to them:
6.1.1. “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under license by hearX, now or in the future, including without limitation, hearX’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
6.1.2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, hearX and as such are protected from infringement by local and international legislation and treaties. Google Play and the Google Play logo are trademarks of Google LLC. Apple and iPhone are registered trademarks of Apple Inc, registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
6.1.3. By submitting reviews, comments and/or any other content (other than your personal information) to hearX for posting on the Website, you automatically grant hearX and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this license, you retain any and all rights that may exist in such content.
6.1.4. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
6.1.5. Except with hearX’s express written permission, no proprietary material from this Website may be copied or retransmitted.
6.1.6. Irrespective of the existence of copyright, the user acknowledges that hearX is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
6.1.7. hearX authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
7. Consent
I understand that the Intellectual Property, including but not limited to designs and trademarks, is the property of hearX Group (Pty) Ltd and hereby accept the Terms. I undertake not to copy/duplicate the Intellectual Property directly or indirectly in any way and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by hearX Group (Pty) Ltd for any civil action or any legal action deemed necessary against me.
8. Confidentiality
8.1. By using our Services, you agree that you shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or services offered by hearX. You shall notify hearX should you discover any loss or unauthorised disclosure of the information.
8.2. Any information or material sent to hearX will be deemed not to be confidential, unless otherwise agreed in writing by the user and hearX.
9. Privacy Policy
9.1. We respect your privacy and would like to inform you about the way we obtain, use and disclose your Personal Information. We understand the value of your personal information and will take all reasonable steps to protect your personal information from loss, misuse, unauthorised alteration, access or disclosure.
9.2. By submitting your Personal Information to us, you give us permission to use your Personal Information as set out in this Policy. By using our products and services (the “Services”), you acknowledge that you have the legal capacity to use the Services and you have reviewed the terms of this Policy and agree that we may collect, use and transfer your Personal Information in accordance therewith.
9.3. If you do not agree with these terms please do not use our Services or provide any Personal Information to us or make use of our Services.
9.4. This Policy forms part of our Terms and Conditions of Use and applies to all the web pages related to this Website. which shall be governed by and construed in accordance with the laws of South Africa.
9.5. According to the POPI Act ‘‘Personal Information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. The POPI Act can be found at the following link: https://popia.co.za/
9.6. Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don’t mean general, statistical, aggregated or anonymised information.
9.7. The information we collect:
9.7.1. Personal Information:
9.7.1.1. We collect and process your personal information mainly to contact you for providing the Services to you, to help us improve our Services and for certain other purposes as set out below. We may collect contact details including your name, contact details, address, geographic position and country for shipping, billing and communication purposes following the use of our Services.
9.7.1.2. The type of information we collect will depend on the purpose for which it is collected and used. We will only collect information that we need for that purpose.
9.7.1.3. We collect information directly from you where you provide us with your personal details, for example when you purchase Services from us, when you submit enquiries or contact us.
9.7.1.4. By providing any information or data to us, you explicitly consent to the processing thereof for the purposes of the provision of the Services and, where applicable, to be used anonymously for research and testing of the Services and associated software.
9.7.1.5. None of the information will be sold or made available to any unauthorised third party.
9.7.1.6. Website usage information may be collected using “cookies” which allows us to collect standard internet visitor usage information and help us improve user experience.
9.7.2. Financial information:
9.7.2.1. Your payment details are not shared with or held by us at any time, and we do not store them on our servers;
9.7.2.2. We use trusted third party payment providers, Virtual Card Services, and Stripe Incorporated (the “Payment Portal Providers”), to securely store your payment information.
9.7.2.3. The Payment Portal Providers have access to your payment information solely for the purposes of fulfilling this task.
9.7.2.4. The Payment Portal Providers process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name is checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate the Payment Portal Providers to obtain confidential information.
9.7.2.5. Our Payment Portal Providers are committed to providing secure online services. All encryption complies with international standards.
9.7.2.6. Encryption is used to protect the transmission of personal information when completing online transactions. The Payment Portal Providers’ Internet servers are protected by firewalls and intrusion detection systems.
9.7.2.7. The Payment Portal Providers continually review and enhance their security in line with technological changes.
9.7.2.8. We also use the following third-party service providers for the purposes of storing and protecting your personal information and data:
9.7.2.8.1. Google for Google Analytics;
9.7.2.8.2. Firestore for data analytics (anonymised data);
9.7.2.8.3. Crashlytics for bug tracking;
9.7.2.8.4. Amazon for data storage;
9.7.3. Non-Personal Information:
9.7.3.1. We may in some instances collect Non-Personal or Anonymised Information about. You cannot be identified from this information and it will only be used for product development, research and analysis purposes as well as User database management. We may from time to time supply third parties with this non-personal or aggregated data for uses in connection with the Services.
9.7.4. Cookies policy:
9.7.4.1. “Cookies” refers to cookies and other similar technologies covered by the POPI Act on privacy in electronic communications.
9.7.4.2. Our Website uses cookies. A cookie is a small file of letters and numbers that we put on your computer if you agree. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you browse our website and also allows us to improve our site.
9.7.4.3. We use anonymous and “analytical” cookies. These allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our website works, for example by ensuring that users are finding what they are looking for easily.
9.7.4.4. How can you refuse or opt out of cookies:
9.7.4.4.1. Most browsers are set by default to accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies at all.
9.8. How we use your information:
9.8.1. We will not use your personal information for any purpose, other than that which is disclosed herein, without your express written permission, or unless we are permitted and/or required to do so by law.
9.8.2. We may process, transfer and disclose your personal information for the purposes of:
9.8.2.1. Providing you with Services, and complying with your instructions;
9.8.2.2. Assisting in improving the Services, and providing you with information by mail, telephone or other means, about the Services.
9.8.3. Personal information will only be retained for as long as necessary for the purpose it was collected and in line with regulations governing the duration information should be 9.1kept.
9.8.4. We will also use your Personal Information to comply with legal and regulatory requirements or industry codes which apply to us, or when it is otherwise allowed by law, which may include:
9.8.4.1. To confirm and verify your identity or to verify that you are an authorised user for security purposes;
9.8.4.2. For the detection and prevention of fraud, crime or other malpractice;
9.8.4.3. To conduct market or customer satisfaction research or for statistical analysis. You can opt out of receiving communications from us at any time. Any direct marketing communications that we send to you will provide you with the information and means necessary to opt out.;
9.8.4.4. For audit and record keeping purposes;
9.8.4.5. In connection with legal proceedings;
9.8.4.6. To notify you about changes to our service;
9.8.4.7. To respond to your queries or comments.
9.9. Disclosure of Personal Information:
9.9.1. We may share the personal information with approved third parties involved in the process of providing the Services.
9.9.2. All service providers are bound by contract to maintain the confidentiality and security of your personal information and are restricted in their use thereof as per this policy.
9.9.3. We may disclose your personal information without your consent if we are required to do so by law or a court order, or if we believe it is necessary to protect our rights.
9.10. Third Party Links:
9.10.1. Our Website may contain links to third party websites. If you follow a link to any of these websites, please note that these websites have their own terms and privacy policies and that we do not accept any responsibility or liability for them.
9.10.2. We are not responsible for any representations, information, warranties or content on any website of any third party, we do not exercise control over third parties' privacy policies and you should refer to the policy of any such third party to see how they protect your privacy.
9.11. Personal Information Security:
9.11.1. We are required to provide protection of personal information supplied to us and to prohibit unauthorised access and use thereof. We will continue to review our security controls and related processes to ensure that your personal information remains secure.
9.11.2. Our information Officer, whose details are available on request, is responsible for compliance with the conditions of lawful processing of personal information and other applicable legal provisions.
9.11.3. We use several security procedures to protect your personal information and data from unauthorised access or disclosure and to ensure compliance with data protection standards. All sensitive data transferred from you to us is encrypted by HTTPS. Account passwords are stored using one-way encryption and so cannot be retrieved or decrypted.
9.11.4. All systems, both web servers and database servers, sit behind a firewall restricted to only necessary ports for running the Website and all sensitive areas of the Website and Application (login and account sections) run over industry standard secure SSL-encrypted protocols to prevent interception and unwanted access to accounts.
9.11.5. Our third party service providers adhere to the required security, privacy and confidentiality obligations to ensure that personal information that we remain responsible for, is kept secure. We will ensure that anyone to whom we pass your Personal Information agrees to treat your information with the same level of protection as we are obliged to.
9.11.6. Our security policies and procedures provide for: 9.11.6.1. Acceptable usage of personal information;
9.11.6.2. Access to personal information;
9.11.6.3. Computer and network security;
9.11.6.4. Legal and regulatory requirements;
9.11.6.5. Investigating and reacting to security incidents;
9.11.6.6. Monitoring access and usage of personal information;
9.11.6.7. Physical security;
9.11.6.8. Retention and disposal of information;
9.11.6.9. Secure communications;
9.12. Access to Personal Information:
9.12.1. You may request a copy of the personal information we hold about you by contacting us using the details as provided on our Website and specifying what information you require.
9.12.2. We will be required to confirm your identity before providing any of the information as requested. Please note that any such access request may be subject to a payment of a legally allowable fee.
9.12.3. You may ask us to update, correct or delete your personal information. We will be required to confirm your identity before making changes to your personal information. Please ensure that the information that you provide to us is accurate.
9.13. Changes to this policy:
9.13.1. We reserve the right, in our sole discretion, to update, modify or amend this policy from time to time with or without notice.
9.13.2. It is your responsibility to ensure that you regularly revert to this policy to familiarise yourself with any such changes. Save as expressly provided to the contrary in this policy, the amended version of the policy shall supersede and replace all previous versions thereof.
9.14. How to contact us:
If you have any questions about this policy or require more information to manage your privacy preferences, please contact us by using the details provided on the Website.
10. Use of screening, testing, patient and facility data
10.1. By uploading your screening and/or testing, patient and facility data to the Website, and/or Portal and/or App, you explicitly consent to the information being processed for the purposes of the provision of the Services and to be used anonymously for the purposes of research and testing of the Services software. As such, your data may from time to time be reviewed by our employees or third-party consultants engaged by us.
10.2. All third-party service providers mentioned in these Terms are subject to similar privacy obligations as are contained in these Terms.
10.3. You grant us a transferable, sub-licensable, royalty-free, worldwide, perpetual license to use any of the anonymous and aggregated data that you upload to the Website, and/or Portal and/or App for the purposes of medical, clinical and/or commercial research.
10.4. Following termination of the contract for Services, your portal and/or hearX account will be suspended and remain dormant until such time as you may start using the Services again. We will retain and protect your personal information in the usual way during this period and you explicitly consent to your data continuing to be used anonymously for the purposes of medical, clinical and commercial research, and for testing of the Services software.
10.5. If you elect to terminate the Services and permanently delete your account, we will retain your personal information and services indefinitely. You also consent to their continued use, in anonymous form only, for the purposes of medical, clinical and commercial research, and for testing of the Services software.
11. Contact Details
11.1. hearX Group (Pty) Ltd can be contacted through the following channels: 11.1.1. Physical and Postal address: Ground Floor, Building 2, Ashlea Gardens Office Park, 180 Garsfontein Road, Ashlea Gardens, 0081, Pretoria, South Africa
11.1.2. Email address: info@hearxgroup.com 11.1.3. Phone numbers: 11.1.3.1. South Africa (+27 87 550 5500);
11.1.3.2. United States of America (+1 415 212 5500);
11.2. A copy of the ECT Act is available at www.gov.za.
12. Notices
12.1. Except as explicitly stated otherwise, any notices shall be given by email to legal@hearxgroup.com (in the case of hearX) or to the e-mail address you have provided to hearX (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid.
12.2. Alternatively, hearX may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to hearX. In such case, notice shall be deemed given 7 (seven) days after the date of mailing.
12.3. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”.
12.4. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
13. Supply of Services
13.1. “The Services” are comprised of: The websites, hearxgroup.com, hearZA.co.za hearscreen.com and cloud.mhealthstudio.com, sealcheck.com; dbtrack.com; lexie hearing.com; and mHealth software suite (including mHealth Studio, hearScreen, hearTest, hearScope, hearDigits) and other products as added from time to time; and mHealth services and projects Our partner product as and when provided by us, Vula Mobile Visual Acuity Software,; our Web-based software including hearDigits, mHealth Studio Cloud and our hearX online portal (including the Leads portal) and the hearX Ordering System 13.2. The Services are provided to you as follows: You complete the request for us to contact you via our information page You order the relevant products, whether through our ordering system or through a manual ordering process You subscribe to our online portal and/or create yourself a hearX account (or an account for any of our standalone applications, including, but not limited to a hearX account, used for login to mHealth Studio Cloud and / or Leads portal and /or dbTrack portal) You perform the tests, screenings or surveys as allowed for by your subscription. The results thereof are then stored on our backend servers and, if applicable to your service, will be accessible through the relevant portal. We provide services through our online portals which will allow you to manage your uploaded data and download relevant reports.
13.3. The Services are provided solely to you. No products, data and/ or results may be resold to a third party.
13.4. No transfer online portal or test device login details to other parties is permitted. It is your responsibility to secure the integrity of your password, ensuring the complexity of the password and that it is changed from time to time.
14. Disclaimer of Services
14.1. The Services are as described on the Website from time to time, with the intention for professional follow up consultation with a qualified health care service provider after initial tests or screenings are conducted. The Services only flag potential hearing problems and are not intended as a full diagnostic tool.
14.2. If relevant to your purchase, the hardware set provided is calibrated to ISO standards, however, any reliance by you is at your own discretion and risk. It remains your responsibility to ensure compliance to standards in your region, as well as to ensure that the headsets are returned to be calibrated annually.
14.3. You are responsible for ensuring screenings or tests are performed in a controlled environment with acceptable ambient noise levels and for ensuring patients are correctly informed as to how a screening or testing is performed and what feedback is required of them during a screening/test.
14.4. Where you (or your patients or test subjects) receive an email or SMS notification of the outcome of their screening or testing, you (or your patients) are advised to visit an independent medical professional for advice and appropriate follow up. The Services are not a substitute for a visit to a medical professional, and you/the patient should not delay seeking medical advice or disregard medical advice you/the patient have received on the basis of the Services.
15. Obligations
When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by the Terms. You must not make any purchase through this Website unless you understand and agree to all the Terms. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this Website.
16. Charges and Payment
16.1. The fees for the Services are stated on the Website or the Quotation/ Invoice supplied to you (“Fees”). The Fees you will pay will be those stated at the time you subscribe to the Website for the Services or at the time your subscription automatically renews.
16.2. There are various payment options available dependent on the products chosen. Terms are stated on the ordering system. Certain costs are payable in advance (e.g. hardware), while portions like the software can either be payable upfront for an annual subscription, or on a monthly basis.
16.3. If you are unsure of the type of service or recurrence of payment which you are subscribing for, it remains your responsibility to contact us for clarity before purchasing such goods.
16.4. Your subscription will be automatically renewed unless you cancel your subscription in writing for the Services within seven working days before the end of the subscription period.
16.5. Without prejudice to its other rights or remedies, hearX shall have the right to immediately terminate any software subscription if you breach any of the terms of this Agreement, in its sole discretion, at any time. No refunds will be given for any fees paid in the event of such termination.
16.6. All subscription fees are non-refundable, even if you stop using the products or Services or if you elect to cancel the subscription before the subscription term has expired.
16.7. Your subscription will continue until you choose to cancel. Subscriptions are available for a minimum period and are required to be cancelled at least 48 hours prior to your next billing date. We are unable to provide refunds for subscriptions or unused test credits. After cancelling, you will still have access to your account for the remainder of your billing cycle. You will no longer have access to use the hearX applications on your device once your subscription has expired. Access to the cloud platform ie. mHealth remains free
16.8. Upon cancellation or termination, all licenses granted to you hereunder shall terminate automatically and your right to use the Services shall cease.
16.9. We reserve the right to change our pricing at any time, without any prior notice.
16.10. We accept payment by credit card and electronic funds transfer.
16.11. For more information about how to order, or for special order requirements and other payment options, please contact our Support Team on info@hearxgroup.com or on +27 87 550 5500.
17. Shipping Policy
17.1. SA counter to counter: Please ensure the correct shipping address is provided from the outset as title and risk will pass to you once the order has left our premises.
17.2. Undeliverable packages: Occasionally packages are returned to us undeliverable. Should this event take place every attempt will be made to contact you to make arrangements for re- shipment.
17.3. Should you be placing the order from outside the borders of the Republic of South Africa, you will remain liable for any customs clearance procedures and possible fees and taxes in the country of destination.
17.4. We cannot be held liable for any delay in shipment due to unforeseen circumstances or circumstances out of our control, including, but not limited to, delay by customs.
17.5. Order processing: Order processing will not begin until we receive a confirmed order and full payment.
17.6. We will use reasonable endeavours to perform the Services in all material respects. We reserve the right to make changes to the Services if required for technical or legal reasons, provided that such changes do not materially affect the Services.
17.7. If changes are required which materially affect the Services, we will notify you promptly and you will have the ability to cancel the Service. If you so elect to cancel, we will provide you with a pro rata refund calculated on the basis of the outstanding term of the Service(s) currently active.
17.8. You will cooperate with us in all matters relating to the Services, provide us with such information and materials as we may require to perform the Services.
17.9. Product availability: Lead time is dependent on stock availability. Should we have stock available, orders will be dispatched within 10 working days provided payment is validated and received. Should the product not be in stock please allow 10 additional working days plus freight transit time. This will allow for manufacturing and delivery to our warehouse. Every effort is made to effect shipment of your order timeously however unforeseen circumstances may cause delays. Should we be faced with such an occurrence we will contact you via email and provide a revised shipping schedule.
18. Limitation of Liability
18.1. Nothing in these Terms shall limit or exclude our liability for: 18.1.1. death or personal injury caused by our negligence;
18.1.2. fraud or fraudulent misrepresentation; or
18.1.3. for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.
18.2. Should you make use of our Services for commercial or business purposes, we shall not be liable for any pure economic loss, loss of profits, loss of business, loss of revenue, loss of contract, loss or depletion of goodwill and/or business opportunity, loss of anticipated earnings or savings or like loss; wasted management, operational or any other unforeseeable special, indirect or consequential losses.
18.3. Our total liability under or in connection with the contract (whether in contract, tort, breach of statutory duty, restitution or otherwise) in respect of all and any loss or damage howsoever caused shall in no circumstances exceed the Fees actually paid by you to which the loss relates.
18.4. Except as set out in these Terms, all warranties, other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
19. Third Party Links
19.1. In an attempt to provide increased value to our Users, we may provide links to other websites or resources.
19.2. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. While hearX tries to provide links only to reputable websites or online partners, hearX cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of hearX.
19.3. You agree that hearX shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.
20. Monitoring
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
21. Law
These Terms will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
22. Refund Policy
22.1. This Refund Policy regulates the extent to which you may cancel your purchases made on the Website and be refunded therefore, either before or after having received the product, as well as what your remedies are if the product you received is defective. It also explains the process you need to follow in order to properly cancel a purchase, report a defect, arrange for a return etc. You are not entitled to any refund, repair or replacement save to the extent that it is expressly provided for under this Refund Policy.
22.2. Your rights to cancel, return &/or be refunded:
22.2.1. Early Cancellations:
22.2.1.1. You are entitled to cancel any hardware order (either in whole or in part) before receipt thereof with a 10% of the purchase price penalty fee if you cancel within 7 (seven) business days of your purchase, and you effect such cancellation by contacting our sales team at sales@hearxgroup.com. If timeously cancelled as aforesaid, you will be refunded in respect of such cancelled purchase (including delivery charges), without any administrative or other charges being payable EXCEPT the 10% penalty fee mentioned above, provided that, should a sale only be partially cancelled and delivery charges as re-calculated on the value of the revised order exceed the delivery charges as calculated on the original order, you shall be liable for the amount of such excess delivery charges.
22.2.2. Late Delivery & Stock Shortages:
22.2.2.1. If a product you have purchased is not collected or delivered within the agreed delivery period (or where no specific period was agreed, within 30 days after having purchased the Product) you are entitled to cancel such purchase on 7 days notice to Email sales@hearxgroup.com with your cancellation request.
22.2.2.2. Should a product that you’ve ordered be out of stock, hearX will notify you thereof, whereupon:
22.2.2.3. In the event of a temporary out-of-stock situation, you shall be entitled either to cancel the order and be fully refunded, or to maintain the sale subject to a later delivery date as may be agreed.
22.2.2.4. In the event of a permanent out-of-stock situation, you shall be entitled to be fully refunded.
22.2.2.5. In being ‘fully refunded’ as aforesaid, you will be refunded the relevant purchase price and delivery charges, without having to pay any administrative or other charges.
22.2.3. Incorrect Product Delivered:
22.2.3.1. If the incorrect Product is delivered to you (i.e. it is not the Product you purchased), please do not remove the Product from its original packaging, open or use the Product in any way.
22.2.3.2. Please promptly contact us at: sales@hearxgroup.com, so that we can resolve the mistake by arranging to collect such Product from you and deliver the correct Product to you, as quickly as possible.
22.2.4. Non-defective products:
22.2.4.1. Save for certain EXCEPTIONS (as listed below), you are entitled, after your receipt of a product purchased by you, to cancel that purchase within the relevant COOL OFF PERIOD of 7 days, and to obtain a full purchase price refund. Return shipping will be at your own cost. No refund will be given for any shipping and/ or handling costs, nor for any taxes or duties which were paid on import/export.
22.2.4.2. Note that although you are entitled to ‘cool off’ and cancel your purchase as aforesaid, the product must be returned in the condition you received it and by following the procedure set out in the ’Return & Refund Process’ section below.
22.2.4.3. If you wish to return any non-defective product delivered to you for a refund as aforesaid, please do not remove the product from its original packaging and/or use or wear the Product. Remember that we may hold you liable for any damage you cause to the product (including its packaging) while in your possession.
22.2.4.4. POSSIBLE LENIENCY BY us: Although your right to return non-defective products bought from us is as set out above, if you want to return a non-defective product you purchased from us after the aforesaid 7 day cooling off period and/or the non-defective product returned is not in the same condition as when it was delivered to you, we may, in our sole discretion, decide to give you a partial refund on that purchase.
22.2.5. Defective Products:
22.2.5.1. GENERAL RULE: If, within 6 months after delivery of a product:
22.2.5.1.1. If you find that the product is defective/faulty, or unsuitable for the purpose for which it was indicated in the product description (or otherwise generally intended), or not legal, or not reasonably durable (based on circumstances and product type) (hereinafter referred to as being “Defective”); and
22.2.5.1.2. you return such product to us in the manner set out in the “Return & Refund Process” section below (being the ONLY manner in which returns will be accepted by the relevant seller) And the product is subsequently found:
22.2.5.1.3. To indeed be Defective, you are entitled to either (a) have the product repaired or replaced by us, or (b) be fully refunded. Not to be Defective, you will not be entitled to any refund, or free replacement or repair, and you may be liable for the costs incurred in having such product collected from and returned back to you.
22.2.5.2. WHEN IS THE PRODUCT ‘DEFECTIVE’? Please note that the following issues/problems will NOT render the product damaged, defective or unsuitable as aforesaid and will not entitle you to any repair, replacement or refund:
22.2.5.2.1. Faults resulting from normal wear and tear.
22.2.5.2.2. Where you, or someone unauthorized to do so by us, has altered, repaired or damaged the product (via misuse or abuse). IMPORTANT: you should refuse to accept delivery of any product which is visibly damaged, and if you only discover the damage after the courier has left (e.g. a cracked screen), then you must report it to us, as soon as possible and within 48 hours. If only reported after 48 hours, it is reasonable for us to determine that the damage was caused post-delivery.
22.2.5.2.3. Photographic equipment which shows evidence of (a) impact, sand, liquid or moisture damage; (b) dropping, mishandling or tampering; (c) battery or chemical corrosion; (d) damage caused by connected equipment; or (d) use contrary to the applicable instruction manual
22.2.5.2.4. Used products not being in an ‘as new’ condition.
22.2.5.2.5. Defective software resulting in undocumented and unresolvable behaviour.
22.2.5.3. EXCEPTIONS TO THE GENERAL RULE:
22.2.5.3.1. Special Offers: If the product was ordered pursuant to a “Special Offer” and such product is no longer being offered at the special price, should you elect to have the product repaired or replaced (as opposed to being refunded), you acknowledge and accept that the seller may only be able to repair, not replace same.
22.2.5.4. Manufacturer Warranties/Guarantees:
22.2.5.4.1. Certain products may carry additional manufacturer’s warranties/guarantees which are wider in scope, and/or longer in duration, than the 6 month warranty generally provided (as discussed above). Consequently, if a defect is discovered AFTER 6 months from delivery, you could still rely on the following:
22.2.5.4.2. Electronic hardware:
22.2.5.4.2.1. Electronic hardware manufacturer guarantees are a 1 year repair guarantee in which case your remedy under such Guarantee would be restricted to the costs of repair or replacement of faulty goods or granting of a credit at the sole discretion of the manufacturer after investigation and/or testing of goods.
22.2.5.4.2.2. Electronic Hardware Manufacturer Guarantees are immediately null and void should any equipment be tampered with, or the seals on equipment be broken by anyone other than the manufacturer’s representative, or the goods be operated outside the manufacturer’s specifications. Manufacturers also won’t be liable for any damage arising from any misuse or abuse of the goods.
22.2.5.4.2.3. POSSIBLE LENIENCY BY us: Although your rights in relation to Defective products are as set out above, if you return an allegedly Defective product you purchased from us and, following inspection thereof it cannot be established with certainty that the product is Defective, we may, in its sole discretion, nevertheless decide to give you a partial refund on that purchase or to effect a repair or give you a replacement at a reduced cost.
22.3. Return & Refund Policy and Process:
22.3.1. Purchases from us:
22.3.1.1. RETURNS:
22.3.1.1.1. If you want to return a product you have purchased from us for any reason permitted under this Refund Policy, you must in all instances first notify us the reason for your return by contacting us via email at: info@hearxgroup.com. Once you have successfully logged your return as aforesaid, we will issue you with a returns authorization number (“RA Number”) and arrange for the collection of the product from you. You must ensure that the Product to be collected by the courier is packed so as to comply with the following: The Product is properly protected;
22.3.1.1.2. Save where being returned due to being Defective, the Product is still in its original packaging, together with all accessories, instructions and documentation (if any), and in perfect condition for the purposes of resale (i.e. the product must not be damaged, scratched, soiled, and in the case of electronic hardware, the adhesive screen covers must not have been removed); and Aforesaid RA Number is accurately reflected in/on the parcel.
22.3.1.1.3. We are not able to accept the return of any products, which have not gone through the above process and/or are not accompanied by a valid RA Number. Products returned without a valid RA Number will not have been validly returned and may be sent back to you at your expense. Please treat products and packaging with reasonable care while in your possession. Nothing herein detracts from any right we may have to hold you liable for any damage you cause to a product (including its packaging) while in your possession.
22.3.2. REFUNDS:
22.3.2.1. Should you be entitled to a refund for any reason a handling and repackaging fee of up to 20% may be charge at the discretion of us and handled on a case by case basis, also such refund shall be effected in the same manner in which your payment was made (i.e. by processing the refund against your credit card).
22.3.2.2. Note that for EFT and bank deposit payments, you have the right to request that the relevant amount instead be paid back into your bank account (and note that we will only pay back into your bank account and not a third party’s bank account).
