Terms and Conditions

Welcome to Online Hearing Canada. We are providing products and services via our website www.onlinehearing.ca.

By using this website, you are agreeing to these terms and conditions.

Privacy

Please review our Privacy Policy which also governs your usage of this website.

Usage of the Website

The website and our products are not intended for children and your usage of the website will be deemed as a representation that you are 18 years of age or older. You may only use this website for your personal, non-commercial purposes.

Electronic Communications

When you use any of our services or send us emails, text messages, or other communications from your desktop or mobile device, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, or notices and messages on this site. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

No Professional Advice

Any information provided to you via this website or otherwise by Online Hearing Canada and its employees or agents is for informational purposes or general guidance only and does not constitute medical or other professional advice. When you purchase a hearing device from Online Hearing Canada you are deemed to have agreed to the Medical Waiver found elsewhere in these Terms and Conditions.

Your Account

You may require your own account to use certain services on this website and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account.

Shipping

Risk of loss and title for items purchased on the website pass to you upon our delivery of the product to the carrier. You are responsible for filing any claims with carriers for lost or damaged shipments. We are not responsible for any customs costs for orders that are shipped outside of Canada.

Reviews and Comments

Our website offers you the ability to post comments related to your experience with our products and services. By doing so, you grant Online Hearing Canada the right to use your comments on our website and in other marketing materials including the name that you use to submit the comments. We are under no obligation to post your comments on our website and we reserve the right to remove or edit your comments for any reason.

License

Unless otherwise stated, Online Hearing Canada and/or its suppliers and licensors own the intellectual property rights for all material on this website and you are hereby granted a limited, non-exclusive right to access the content on our website.

All intellectual property rights are reserved. You may access information from this website for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from Online Hearing Canada
• Sell, rent or sub-license material from Online Hearing Canada
• Reproduce, duplicate or copy material from Online Hearing Canada
• Redistribute content from Online Hearing Canada
• Engage in any activity that would overburden the website and/or reduce the ability of others to access the website

Indemnification

You agree to hold Online Hearing Canada and all affiliated parties harmless from any damage, loss, tort, cost or expense including legal fees incurred in connection with any claim brought or asserted against any of the Indemnified Parties arising from or related to your use of the website or our products and services.

Disclaimer

We attempt to ensure that the information on the website is accurate and complete, however this information may contain errors, omissions and inaccuracies. We assume no liability for such errors or omissions and we reserve the right to revoke any offer stated on the website and to make changes to the prices and product information provided on the website. We also do not represent or warrant that the website will be uninterrupted or secure.

Medical Waiver

When purchasing a hearing device from the website, you acknowledge that you are 18 years of age or older and that you have been advised by Online Hearing Canada that your best health interest would be served if you had a medical evaluation by a licensed physician (preferably a physician who specializes in diseases of the ear) before purchasing a hearing device. It is also recommended that an Otoscopic exam is performed before the purchase.

If you have or think you may have any of the following conditions, Online Hearing Canada advises you to consult promptly with your physician (preferably an ear specialist) prior to purchase:

• Visible deformity of the ear
• Fluid or drainage from the ear within the past 90 days
• Sudden, rapidly progressing, or fluctuating hearing loss
• Spells of acute or chronic dizziness
• Hearing loss only on one side that worsened in the past 90 days
• Ear canal blockage, a lasting ear infection or a plugged-up fullness feeling
• Excessive wax buildup, or a history of excessive wax buildup
• Pain or discomfort in the ear
• Ringing in one or both ears within last 90 days

You are purchasing a hearing device based upon the information you have submitted to Online Hearing Canada. Any examination or representation made by Online Hearing Canada or our staff in connection with the practice of dispensing, fitting, or dealing in hearing devices is not an examination, diagnosis, or prescription by a person licensed to practice medicine and, therefore, must NOT be regarded as medical opinion or advice. Our devices will NOT restore normal hearing, nor will they prevent further hearing loss.

Hearing Devices are intended to amplify sounds in situations that would be difficult for normal hearing individuals to hear. A hearing device is not a hearing aid and is not intended to treat hearing loss, although people with hearing loss may find their use beneficial in some situations. It is not intended to diagnose, treat, cure any disease or alter the structure or function of the body. It will not restore normal hearing and will not prevent or improve a hearing impairment resulting from organic conditions. Listening devices are designed for occasional use for amplifying and filtering sounds that are inherently difficult to hear. If you believe you have hearing loss, you are encouraged by Online Hearing Canada to seek help from a qualified professional. To protect your hearing, avoid having the volume at high levels for extended periods of time. Permanent hearing loss can result from high sound volumes.

By purchasing from Online Hearing Canada, you confirm that you do not wish a medical evaluation before purchasing a hearing device or that you have obtained medical clearance. You also agree that you are the person that will be the end user and wearer of these hearing devices, and that the reason for purchasing these hearing devices from Online Hearing Canada is for the sole purpose of personal use only and not for competitive research, resale, or any other reason.

Termination

You agree that Online Hearing Canada may terminate your usage of the website for any reason, with or without notice to you. You also agree that Online Hearing Canada may modify or discontinue the website and/or its operations with or without notice to you and that we will not be liable to you or any third party as a result of such modification or discontinuation.

General Provisions

You expressly agree that exclusive jurisdiction for any dispute with Online Hearing Canada shall be the courts of Ontario, Canada. Any cause of action you may have with respect to Online Hearing Canada must be commenced within one year after the claim or cause of action arises.

Survival

The provisions entitled “License”, “Indemnification”, “Disclaimer”, and General Provisions” will survive the termination of this agreement.

Notification of Changes

Online Hearing Canada reserves the right to amend this Agreement at any time. You are bound by any such revisions and should therefore read them carefully each time you access the website as they may change periodically.

These terms and conditions were last updated on August 10, 2020.

Contact

If you have any questions about these Terms and Conditions please contact Online Hearing Canada at
Email: customerservice@onlinehearing.ca
Phone: 800-519-8909.