Terms and Conditions
Welcome to earKART!
These terms and conditions outline the rules and regulations for the use of earKART Pvt. Ltd.'s Website, located at www.earkart.in.
By accessing this website we assume you accept these terms and conditions. Do not continue to use earKART if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, earKART Pvt. Ltd. and/or its licensors own the intellectual property rights for all material on earKART. All intellectual property rights are reserved. You may access this from earKART for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from earKART
- Sell, rent or sub-license material from earKART
- Reproduce, duplicate or copy material from earKART
- Redistribute content from earKART
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. earKART Pvt. Ltd. does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of earKART Pvt. Ltd.,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, earKART Pvt. Ltd. shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
earKART Pvt. Ltd. reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant earKART Pvt. Ltd. a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of earKART Pvt. Ltd.; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to earKART Pvt. Ltd.. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of earKART Pvt. Ltd.'s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
DEALER ENROLMENT FORM AND PLATFORM SERVICE AGREEMENT
This Platform Service Agreement (hereinafter "Agreement") is a legally binding contract between you, (hereinafter referred to as "Dealer") and Earkart Private Limited (hereinafter referred to as "Earkart").
Both the Dealer and Earkart are hereinafter collectively referred to as “Parties”.
BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS DESCRIBED IN THIS AGREEMENT BEFORE USING THE EARKART WEBSITE/ APPLICATION. BY USING THE EARKART WEBSITE/ APPLICATION, YOU INDICATE YOUR PERSONAL ACCEPTANCE AND YOUR CONCURRENCE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE EARKART WEBSITE/ APPLICATION.
The Dealer hereby acknowledges that Earkart has designed and developed this Website/APPLICATION to be used by individuals/establishments looking for lead generation management, patient/ lead relationship management and associated sale of Hearing Aid(s) to the referred leads (hereinafter referred to as “Purpose”). The Dealer desires to use the Earkart Website/ Software for the Purpose, and not for redistribution or any other purpose.
- "Earkart Website/ Application" shall mean, collectively or individually, the website and the software Application created/ designed by Earkart in order to facilitate the Purpose, including the website/ software updates/ upgrades.
- "Dealer" is an individual/ entity registering themselves on the Earkart Website/ Application in order to avail the services as well as the Purpose of the Agreement. In order to become a registered Dealer, he/ she/ they/ them have to undergo the KYC process. It is to be noted that the registration process shall be free of charge.
- Any KYC detail, provided by the Dealer, if found to be false/ incorrect shall lead to immediate termination of their Agreement with Earkart as a Dealer, and shall attract other appropriate legal proceedings.
- Unless and otherwise terminated earlier as provided herein the initial term of the Agreement shall be for a period of one  year commencing from date of registration by the Dealer on the Website/ Application.
- The Dealer shall start receiving reminders to renew the term of the Agreement, thirty days  prior to expiration of the term of the Agreement.
- Unless renewed, the terms of this Agreement shall automatically terminate one  year from the date of registration by the Dealer on the Website/ Application.
- Lead Referrals & Sales
- Earkart shall provide the Dealers with appointment of Pre-validated referrals of patients/ end-user customer (hereinafter referred to as "Lead(s)"). Be it mentioned that Earkart is under NO-OBLIGATION to provide a specific count of leads to the Dealer.
- The appointment of Lead(s) shall include:
- Lead(s) visit to the Dealer's outlet,
- Dealer's authorized representatives visiting the house of the Lead(s) (as per the discretion of respective Dealers).
- Earkart shall be providing the login credentials to the Website/ Application to the registered Dealers, to have first-hand access to real time updates about the details of the Lead(s).
- That as a Referral Fee towards the Lead(s) provided to the Dealer, the Dealer shall make a payment of INR 800/- (Rupees Eight Hundred only) plus applicable GST (hereinafter referred to as "Referral Fee"), to Earkart. That the Referral Fee is payable to Earkart, irrespective whether the referred Lead(s) gets converted to a successful sale of Hearing Aid(s) or not.
- The Dealer shall make sale of the Hearing Aid(s), of any choice of brand or make, listed on the website/Application of Earkart.
- If the Lead cancels an appointment with the Dealer, Earkart shall be entitled to refund the Referral Fee to the Dealer post-verification of such cancellation.
- Earkart shall be entitled to a consideration that equals to ten percent [11%] of the MRP of the Hearing Aid(s) (hereinafter referred to as "Consideration") sold to the Lead(s).
- The Dealer can sell the Hearing Aid(s) to the Lead(s) at a discounted price at their own discretion. Be it mentioned that the Dealer understands that the abovementioned Consideration shall be applicable despite the discounted price, if any, being offered to the Lead(s).
- Billing & Payment
- That post sale of the Hearing Aid(s) to the Lead(s) the Dealer shall raise an invoice to Earkart (hereinafter referred to as "Dealer Invoice"). The Dealer Invoice value shall be equal to the agreed selling price to the Lead(s), minus the Consideration payable to Earkart.
- Post raising of the Dealer Invoice to Earkart, the Dealer is entitled to receive the payment for the Dealer Invoice. The said payment shall be without any service charge or processing fee.
- That Earkart shall then raise an invoice to the Dealer (hereinafter referred to as "Earkart Invoice"), post addition of the Consideration to the Dealer Invoice Amount.
- That the Dealer is liable to make payment of the Earkart Invoice amount and within 24 hours of receipt of the payment of the same, Earkart shall make payment of the Earkart Invoice amount to the Dealer.
Please Note: Earkart shall clear the Earkart Invoice amount only subject to clearance of the Dealer Invoice amount payable by the Dealer.
If the MRP of a Hearing Aid is INR 50,000/- and the dealer gives discount of 20% on the MRP. The agreed discounted price between the Dealer and the Lead becomes INR 40,000/-
Since the Consideration owed to Earkart is 11% of MRP, i.e., INR 5,500/-, the Dealer Invoice value will be INR 34,500/-.
Since Earkart Invoice value is Consideration + Dealer Invoice value, the Earkart Invoice value shall be INR 40,000/-
- Deliverables by the Dealer
- The Dealer is bound to keep Earkart updated on the developments with the directed Lead(s), via the Website/ Application.
- That Dealer is bound to update the Lead history, Audiogram, KYC details and purchase invoice on the Website/ Application pertaining to the Lead(s).
- That it is incumbent on the Dealer to provide the said Lead(s) with a Hearing Aid(s)of any brand and the same shall be updated on the Website/ Application pertaining to any Lead(s).
- In case of any delay and/ or default on part of the Dealer to make the payment within twenty- four  hours of transaction, Earkart shall be levying an interest of two [2%] which shall be compounded monthly till the date of actual and complete payment.
- On failure, inability or refusal to pay the invoiced amount, for two  consecutive transactions, Earkart shall immediately terminate the agreement and reserves the right to initiate appropriate legal proceedings seeking recovery of its dues along with interest and damages, which shall be at the sole cost and consequence of the Dealer.
- The Dealer is not authorized to assume, on behalf of the brands of the Hearing Aid(s) being sold, any liabilities other than as set forth in the Company standard warranty of the brands of the Hearing Aids(s).
- The Dealer shall keep Earkart indemnified from any/all such acts or omissions on its parts, which may directly or indirectly pose any liability against Earkart.
- Both Earkart and the Dealer recognize that each of them will be given and have access to Confidential (including patient/ Lead(s) information) and Proprietary information of the other Party. The Parties shall use such Confidential Information only for the purposes envisaged and specifically provided herein and shall keep such information strictly confidential and not disclose to any third party any of the confidential and proprietary information whether directly or indirectly in due course of the term of this Agreement.
- Earkart pledges to protect patients/ Lead(s) personal details using recognised secure data protection tools and practices. All data we hold will be anonymised. However, we will be forced to consider disclosure of certain information to legal authorities where there are strong grounds for believing that not doing so will result in harm to research participants or others, or any form of illegal activity, as outlined above and the Dealer agrees to cooperate with Earkart to do the same.
- Earkart understands the sensitivity of patients'/ Lead(s) data and intends to protect the data ensuring that no there shall be no dissemination of patients'/ Lead(s) data from them or from the Dealer. Dealer understands and agreed to abide by the same policy.
- Earkart believes that the personal data will not be shared with any third parties for advertising or marketing purposes by the Dealer.
- While the Agreement is in effect, and indefinitely after expiration or termination, both the parties must prevent disclosure or dissemination of Confidential Information to third parties. Upon request, either Partie will promptly return the other’s Confidential Information.
- In an event where either Party fails to uphold their obligations under this Section, such Party is liable to compensate the other Party for any resulting damages by paying Liquidated Damages to the tune of INR 2,00,000/- (Rupees Two Lakhs only).
- Termination & Dispute Resolution
- Either Party can terminate the Agreement by giving minimum one  month advance notice in writing to the other party which shall be deemed to have been duly served, if sent by email and pre-paid registered speed post or courier with acknowledgement or by hand delivery or any other effective mode of transmission. The termination of this Agreement shall not affect accrued liabilities of both Parties and all sums so payable shall become immediately due and payable.
- In case of any dispute or difference or a breach whether in full or part, as the case may be arising between the Parties in relation to or in respect of any of any terms and conditions of this Agreement, including their interpretation and/ or effect or any matter arising with regards to performance, the Parties shall make an effort to resolve such dispute or difference within fifteen  days or any reasonable time mutually agreed to by the Parties, such dispute or difference shall be referred to Arbitration subject to mutual consent of both the Parties.
- Wherein case the Parties don’t agree for an Arbitration they shall approach the court of law in Uttar Pradesh, having competent jurisdiction on the said matter for the appropriate action.
- Whereas in case the Parties consent to Arbitration, it shall be conducted by a sole Arbitrator, who shall be mutually decided by both the Parties. The seat of Arbitration shall be Uttar Pradesh and the cost of the Arbitration shall be equally borne by the Parties. The Arbitration procedure shall be in English Language only and shall be conducted in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 or its amendments as may be made from time to time.
- It is expressly agreed that this Agreement shall be governed by the laws of India and any dispute, difference or claim which may arise between the Parties in connection with the performance of this Agreement or the rights and obligations of the Parties hereto shall be subject to the exclusive jurisdiction of the courts in Uttar Pradesh
- Within thirty  days from the date of termination of the Agreement, Earkart shall, unless legally prohibited, delete all the Dealer data from the Website/ App.
- The termination of the Agreement shall not absolve either of the Parties from the default committed due to their act/ omission to complete their duties/ responsibilities arising out of this Agreement.
- Limitation of Liability
- IN NO EVENT SHALL EARKART BE LIABLE TO THE DEALER FOR ANY LOST OR CORRUPTED DATA, DOWNTIME, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EARKART, FOR ALL CLAIMS ARISING OUT OF OR UNDER THIS AGREEMENT, EXCEED THE AMOUNT OF INR 1,00,000/- (RUPEES ONE LAKH ONLY).
- Indemnity:The Dealer shall keep Earkart indemnified from any/all such acts or omissions on its parts, which may directly or indirectly pose any liability against Earkart.
- Force Majeure: Earkart shall incur no legal liability whatsoever if at any time it is unable to supply the whole or any part of the goods for reasons beyond its control including Acts of God, Acts of State/Central Governments, orders, restrictions, war like conditions, pandemics, hostilities etc. In such case the Company shall be sole judge to decide the existence of such a circumstance and its decision shall be binding on both the parties.
- Representation & Warranty:Each Party represents and warrants that: (a) they are validly incorporated or organized under the laws of the jurisdiction of its incorporation or organization, (b) they are validly existing and authorized to do business in the jurisdictions where such Party currently does business; (c) they have full power and authority to enter into and deliver this Agreement and to perform its obligations hereunder; (d) they have duly authorized the person executing this Agreement on behalf of such Party; and (e) this Agreement constitutes the legal, valid and binding obligations of each Party hereto, enforceable against it in accordance with its terms.
- Entire Agreement: This Agreement, including any related exhibits, amendments, updates and schedules represents the entire understanding between the Parties with respect to the subject matter of this Agreement and supersedes all previous oral or written agreements with respect to the subject matter of this Agreement except for any confidentiality agreement that may be in effect between the Parties. Any different or additional terms and conditions set forth in any Purchase Invoice, confirmation, will be of no force or effect, even if signed by the Parties after the date hereof and will not amend, alter or supersede the terms of this Agreement.
- Survival. Provisions that survive termination or expiration of this Agreement include those relating to warranties, confidentiality, limitation of liability, indemnification, payment, and others which by their nature are intended to survive.
- Any notices required under this Agreement must be in writing and addressed to the other Party at its address below:
Earkart Private Limited
Lobe No.2, 7th Floor,
Office No.12 (2712), Tower A,
Corenthum Tower A-41,
Gautam Buddha Nagar,
Uttar Pradesh- 201301 IN
Notice must be delivered by personal delivery, nationally recognized overnight courier or certified or registered mail (in each case, return receipt requested, postage prepaid).
- Severability:If any term or provision of this Agreement is found invalid, illegal or unenforceable, such invalidity, illegality or unenforceability will not affect any other term or provision of this Agreement and the Parties will negotiate in good faith to modify this Agreement to effect the Parties’ original intent of as closely as possible.
- Dealer cannot assign, transfer, sub-contract or delegate any of its rights or obligations under this Agreement to any third party whosoever. If Dealer breaches this restriction, Earkart may in addition to its other remedies terminate this Agreement. Any purported assignment or delegation in violation of this section is null and void.
- Governing Law: Any claim or dispute arising from or relating to this Agreement will be governed by the laws of Uttar Pradesh, India, without regard to its conflicts of law provisions, except that a Party may, at any time, seek equitable relief from a court of competent jurisdiction.
- No Public Vendor will not make any statement (whether oral or in writing) in any press release, external advertising, marketing or promotion materials regarding the subject