General Terms & Conditions

This website/app is created and operated by Earkart Limited. Throughout the site, the terms “we”, “us” and “our” refers to Earkart Limited (hereinafter referred to as "Earkart"). Earkart offers this website/app, including all information, tools and services available from this site to you, the Dealers/ End-Customers, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By accessing or using the Website/app in any manner, including, but not limited to, visiting or browsing the Website/app, you engage to our “Service” and agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the Website/app or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

As used in this Agreement the terms "you" and "your" refers to a Dealer/ End- Customer/ User/ visitor of the Website/app.

We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website/app following the posting of any changes/ updates constitutes acceptance of those changes/ updates, whether or not you have reviewed them. 

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority and you have given us your consent to allow any of your minor dependents to use this site. The Services may change from time to time, at the sole discretion of Earkart, and the Agreement will apply to your visit to and your use of the Website/app to avail the Service, as well as to all information provided by you on the Website/app at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website/app and describes the manner in which we shall treat your account while you are registered as a member with us. 

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website/app following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

Your access to use of the Website/app and the Services will be solely at the discretion of Earkart.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

vi.        the Indian Contract Act, 1872,

vii.       the (Indian) Information Technology Act, 2000, and

viii.      the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. Your failure to follow the terms of this Agreement may result in immediate termination of your access to www.earkart.in as well as resort to other legal remedies available to us.

 

1. Scope of Agreement

• This Agreement applies to those services made available by Earkart on the Website/app, which are offered free of charge to the Users (“Services”), including the following:

For Dealer(s): Listing of Dealers and their profiles and contact details, to be made available to the other Users and visitors of the Website/app;

For End-Customer(s): Facility to (i) create and maintain Accounts (ii) search for Dealers by geographical area, or any other criteria that may be developed and made available by Earkart and (iii) to make appointments with the Dealers.

• From time to time, this Website/app may also include links to other Website/apps and third-party information which are not under the control of Earkart, nor endorsed by us. We have no control over the nature, content, privacy policy and availability of those sites. These links are provided for your convenience to provide further information. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. We have no responsibility for the content of the linked Website/app(s).

• Earkart may at its sole discretion chose to provide or deny its services to a Dealer/ End-Customer.

 

2. Dealer and End-Customer Obligations

• Your access to, and use of, the Website/app, is subject to all conditions specified in these Terms and Conditions.
• By agreeing to the use of services of Earkart and agreeing to its terms mentioned you agree that:-
1. You shall provide your accurate personal data/ medical history and to promptly update this information from time to time as needed, in the case history form provided by us.
2. You shall be responsible for storing your login credentials safely so as to prevent misuse of your account, 
3. Earkart shall in no way be responsible for loss or damage caused by unauthorised access or login of your account. You shall inform Earkart immediately if you suspect unauthorised access or login of your account.
4. You shall not engage in any illegal or unlawful activities on the website/app www.earkart.in, such as posting or contributing to any information that may contain or involve incitement, pornography, defamation, child pornography, racial hatred, any virus or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment. etc. You shall not contribute to any religious or political views or any form of propaganda. You agree that the Website/app and any subscription shall be used in a reasonable and lawful manner only and that communications will not be obscene, indecent or offensive in any way. You agree to refrain from conduct that would constitute a criminal offense or give rise to a civil liability, or that otherwise violates any law or regulation. You agree and acknowledge that your failure to abide by these Terms may subject you to civil and/or criminal liability. Earkart reserves the exclusive and absolute right to delete, edit or block any postings, comments, information or statements.
5. You shall not share any other person’s personal information or try and avail services for any other third-party.

3. Book Appointment

• Earkart enables End-Customer(s) to book an appointment with Dealer(s) via the following two methods: 

1. Book facility that allows End-Customer(s) book an appointment through the Website/ App;

2. Telephonic services which connect End-Customer(s) with Earkart’s customer executive number provided on the Website/ App and schedule an appointment.

• Earkart will ensure that End-Customer(s) are provided confirmed appointment on the booking facility. However, Earkart has no liability if such an appointment is later cancelled by the Dealer. 
• If the End-Customer(s) decides to engage with a Dealer to seek audiology services, the End-Customer(s) shall be doing so at his/her own risk.

• Without prejudice to the generality of the above, Earkart is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between Dealer(s) and the End-Customer(s). 

 

4. Programme, Payment Terms and Refund Policy

• To pay in a timely manner any fixed and periodic charges and the fees required for our Services availed by you along with any applicable government taxes in advance. 
• Earkart shall not be responsible for any non-receipt of fees on account of any faults in the payment gateway or internet connection or the associated bank. 
• We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you via our Website/app/ e-mail or such other means as we may deem appropriate from time to time.

 

5. Transactions and Promotional calls and messages

• That every call/ message/ e-mail made/ sent to you on behalf of Earkart is for service/ transactional purpose only.
• You agree that if you have reached out to Earkart via calls or SMS, you agree to receive service/ transactional calls and messages on your mobile number.
• That by registering on Website/ App you agree/ subscribe to receive both transactional and promotional announcements and offers, via call or messages on your mobile number / Whatsapp/ e-mail id.

6. Intellectual Property Rights

• All rights in and to the Services and Website/app, including any trademarks, trade names, logos, illustrations, service marks, copyrighted content (collectively referred to as “Intellectual Property” presented within the services i.e. on the website/app www.earkart.in or any other documents/ platform in relation to our Services shall always be the property of Earkart Limited. You undertake to not use the Intellectual Property for any other purposes except till the extent of services provided to you.
• You hereby undertake not to post on the website/app any material protected by copyright, trademark, or other proprietary right (which you are not the owner of) without the express permission of the owner of the copyright, trademark or other proprietary right. You agree that the posting of any material by you shall imply that the copyright, trademark or other proprietary right in that material rests with you. You agree and acknowledge that you shall be solely liable for any action/s or damages resulting from any infringement of copyrights, trademarks, or proprietary rights, or any other harm resulting from any posting made by you.
• Any material you send to the Website/app will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas, pictures or other information, material or property. 
• You must not post any content that contains any advertising, promotional, solicitation or other commercial material.

 

7. Indemnification

• You agree to indemnify Earkart its employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including legal fees) that may arise from your breach of this Agreement, or from you availing our Services.

 

8. Limitation of Liability

• Earkart does not represent or warrant that access to www.earkart.in online service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Website/app.

 

9. Termination

• Earkart reserves the right to suspend or terminate a User’s access to the Website/app and the Services with or without notice and to exercise any other remedy available under law, in cases where,

1. Such User breaches any terms and conditions of the Agreement;
2. A third- party reports violation of any of its right as a result of your use of the Services;
3. Earkart is unable to verify or authenticate any information provide to Earkart by a User;
4. Earkart has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
5. Earkart believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Earkart or are contrary to the interests of the Website/app.

• Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website/app under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website/app by such User. 

 

10. Jurisdiction and Governing Law

• You agree that this Agreement shall be governed by and construed in accordance with the laws of India and jurisdiction for any legal action or proceeding shall be in Uttar Pradesh. 

 

11. Severability

• If any provision of this Agreement or portion thereof shall be declared invalid for any reason, the invalid provision or portion thereof shall be deemed omitted and the remaining terms shall be given full force and effect.

 

12. Entire Agreement

• This Agreement represents the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral.