General Terms & Conditions
This website/app is created and operated by Earkart Private Limited. Throughout the site, the terms “we”, “us” and “our” refers to Earkart Private 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.
- 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.
- Earkart may at its sole discretion chose to provide or deny its services to a Dealer/ End-Customer.
- 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:-
- 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.
- You shall be responsible for storing your login credentials safely so as to prevent misuse of your account,
- 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.
- 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.
- You shall not share any other person’s personal information or try and avail services for any other third-party.
- Book Appointment
- Earkart enables End-Customer(s) to book an appointment with Dealer(s) via the following two methods:
- Book facility that allows End-Customer(s) book an appointment through the Website/ App;
- 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).
- 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.
- 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.
- 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 Private 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.
- 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.
- 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.
- 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,
- Such User breaches any terms and conditions of the Agreement;
- A third- party reports violation of any of its right as a result of your use of the Services;
- Earkart is unable to verify or authenticate any information provide to Earkart by a User;
- Earkart has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- 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.
- 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.
- 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.
- Entire Agreement
- This Agreement represents the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral.
DISPENSER ENROLMENT FORM AND PLATFORM SERVICE AGREEMENT
This Platform Service Agreement (hereinafter "Agreement") is a legally binding contract between you, (hereinafter referred to as "Dispenser") and Earkart Private Limited (hereinafter referred to as "Earkart").
Both the Dispenser 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 Dispenser hereby acknowledges that Earkart has designed and developed this Website/APPLICATION to be used by individuals/establishments looking for [lead generation and lead management, patient/ Customer relationship management and associated sale of Hearing Aid(s) to the referred leads (hereinafter referred to as “Purpose”)]. The Dispenser desires to use the Earkart Website/ APPLICATION 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.
- "Dispenser" 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 Dispenser, 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 Dispenser, if found to be false/ incorrect shall lead to immediate termination of their Agreement with Earkart as a Dispenser, 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 Dispenser on the Website/ Application.
- The Dispenser 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 Dispenser on the Website/ Application.
- Customer Referrals & Sales
- Earkart shall provide the Dispenser(s) with appointment of Pre-validated referrals of patients/ Customer (hereinafter referred to as "Customer(s)"). Be it mentioned that Earkart is under NO-OBLIGATION to provide a specific count of Customers to the Dispenser.
- The Appointment of Customer(s) shall include:
- Customer(s) visit to the Dispenser's outlet, irrespective of the outcome of the said visit;
- Dispenser's authorized representatives visiting the house of the Customer(s) (as per the discretion of respective Dispensers).
Note: The visiting charges (if any) being charged by the Dispenser shall be exclusive of the Referral Fee (as mentioned in Section 3.4).
- Earkart shall be providing the login credentials to the Website/ Application to the registered Dispensers, to have first-hand access to real time updates about the details of the Customer(s).
- That as a Referral Fee towards the Customer(s) provided to the Dispenser, the Dispenser shall make a payment of INR 300/- (Rupees Three Hundred only) plus applicable GST (hereinafter referred to as "Referral Fee"), against the invoice of same amount raised by Earkart (hereinafter referred to as "Referral Invoice"). That the Referral Fee is payable to Earkart, on successful Appointment, irrespective whether the referred Customer(s) gets converted to a successful sale of Hearing Aid(s) or not, in three (3) days from the date of invoice raised against such appointment.
- The Referral Fee shall appear as debit balance on the wallet provided on the CRM portal for the Dispenser (hereinafter referred to as the “Wallet”), automatically upon sharing of OTP’s between the Customer(s) and Dispenser(s) on the Customer(s) visit to the premises of the Dispenser/ home visit by the Dispenser (as the case may be).
- The Dispenser shall make payment of the Referral Fee within seventy-two (72) hours of such Appointment, as mentioned in Clause 3.5. Failure to adhere to the same shall lead to suspension of future Customer Referrals from Earkart.
- The Dispenser shall make sale of the Hearing Aid(s), of any choice of brand or make, from their stock.
- In the event a Customer cancels an Appointment with the Dispenser, the Dispenser shall be entitled to a refund of the Referral Fee paid to Earkart, after the same has been confirmed by the Customer(s).
- Earkart shall be entitled to a consideration that equals to eleven percent [11%] of the MRP of the Hearing Aid(s) plus GST (hereinafter referred to as "Consideration") sold to the Customer(s).
- The Dispenser can sell the Hearing Aid(s) to the Customer(s) at a discounted price at their own discretion. Be it mentioned that the Dispenser understands that the abovementioned Consideration shall be applicable despite the discounted price, if any, being offered to the Customer(s).
- That in case the Dispenser(s) circulates a 1+1 offer on the purchase of Hearing Aid(s), then Earkart will not be entitled to any Consideration on the give-away Hearing Aid. Earkart shall be entitled to receive the Consideration on the purchased/ billed Hearing Aid only and not the one gifted free of charge(s).
- Billing, Payment & Cancellation
- That post sale of the Hearing Aid(s) to the Customer(s) the Dispenser shall input the details of the sale made to each Customer on the Application, which shall be inclusive of the selling price to the Customer, make and model of the Hearing Aid(s), no. of Hearing Aid(s) sold, and any other details requested on the Application.
- Pursuant to the details uploaded by the Dispenser, as mentioned above in Clause 5.1, an invoice shall be automatically and immediately generated and raised by the Dispenser to the Customer on the Application of Earkart (hereinafter referred to as “Dispenser’s Invoice”).
- Post generation of the Dispenser’s Invoice to the Customer, Earkart shall simultaneously raise an invoice to the Dispenser on the Application, constituting of the Consideration from the sale made to the Customer, i.e., 11% of the MRP of the Hearing Aid(s) plus GST, (hereinafter referred to as "Earkart Invoice").
- The Dispenser undertakes to make payment of the entire Earkart Invoice amount to Earkart within five (5) days of each sale made. The Dispenser can make the payment to Earkart through Cash, Cheque deposits to Earkart’s account, Online payment via Credit Card, Debit Card, Net Banking/ Mobile Banking, UPI, and Payment Gateway on the Application.
Mr. Joshi (Customer) is a patient with hearing impairment, and he visits the clinic Happy Hearing Life (Dispenser) after being referred from Earkart platform. He decides to purchase Hearing Aids having MRP of INR 50,000/- (as per the updated price list provided by the manufacturer).
In this case, the Dispenser Invoice value shall be INR 50,000/- and thus payable by Mr. Joshi to the Dispenser.
Since the Consideration owed to Earkart is 11% of MRP plus GST, the amount payable by the Dispenser will be as follows:
11% of INR 50,000/- (MRP)- INR 5,500/-,
GST [18% of (11% of MRP)]- INR 990/-
Therefore the Earkart Invoice value shall be- INR 5,500/- + INR 990/-= INR 6,490/- thus payable by the Dispenser to Earkart.
- In the event the Customer(s) returns/ exchanges the Hearing Aid(s) purchased from the Dispenser(s), such returns shall be governed by the following terms:
- Any request for return of Hearing Aid(s) placed within fifteen (15) days from the purchase of such Hearing Aid(s), the Dispenser(s) shall be entitled to full refund of Earkart Invoice Value, within fifteen (15) days from the date of such request raised.
- Any request for return of Hearing Aid(s) placed after fifteen (15) days but less than thirty (30) days from the purchase of such Hearing Aid(s), the Dispenser(s) shall be entitled to a refund of Fifty (50%) percent of Earkart Invoice Value, within fifteen (15) days from the date of such request raised.
- No refunds shall be made available to the Dispenser(s), thirty (30) days from the date of invoice of such Hearing Aids(s).
- Any return/ exchange policy between the Dispenser(s) and the Customer(s), shall be drawn taking Section 5.5 into consideration. The Dispenser must note that it is mandatory to have a written refund/ exchange policy between the Dispenser(s) and the Customer(s), and the same must be shared with the Customer(s) at the time of sale. Failure to adhere to this term, will lead to immediate termination of the agreement and any loss and /or dispute that arises due to non-adherence of this term, the Dispenser(s) shall indemnify Earkart for any such loss and/ or dispute.
Note: Any such return/ exchange made by the Customer(s) to the Dispenser(s) shall be apprised to Earkart on the Application, within twenty-four (24) hours of such return/ exchange made.
- Deliverables & Representations by the Dispenser
- The Dispenser undertakes to keep Earkart updated on the developments with the directed Customer(s), via the Application.
- That Dispenser undertakes to update the Customer history, Audiogram, KYC details on the Application.
- That it is incumbent on the Dispenser to provide the said Customer(s) with a Hearing Aid(s)of any brand and the same shall be updated on the Application pertaining to any Customer(s).
- In case of any delay and/ or default on part of the Dispenser to clear the Earkart Invoice within five (5) calendar days 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 Dispenser.
- The Dispenser warrants that all Hearing Aid(s) being sold to the Customer(s) will be new, free from faults and defects, unless otherwise there is a manufacturing defect attributable to the manufacturer of the Hearing Aid(s), and in conformation to the quality assured by the manufacturer of the Hearing Aid(s).
- The Dispenser 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 standard warranty of the brands of the Hearing Aids(s).
- Dispenser shall avoid deception, misleading or unethical practices that are or might be detrimental to Earkart or the public, including, but not limited to, disparagement of the manufacturer whose Hearing Aid(s) they are selling to the Customer(s).
- The Dispenser shall provide adequate service to the Customer(s) and shall always remain responsible towards such Customer(s). The Dispenser undertakes to be the sole point of contact for all after-sales/ repair service, arising out of the sale made to the Customer(s). Any subsequent invoicing in relation to such after-sales/ repair service shall be in between the Dispenser and the Customer(s).
- The Dispenser shall keep Earkart indemnified from any/all such acts or omissions on its parts, which may directly or indirectly pose any liability against Earkart.
- Representations of Earkart
- Earkart is a lead generation platform only and shall not be responsible for the Hearing Aid(s) being sold by the Dispenser on the Earkart platform or the after-sales/ repair services being provided by the Dispenser, post-sale of the Hearing Aid(s) to the Customer(s). Any liability that accrues from any kind of manufacturing defect of the Hearing Aid or any act or omission that arises out of negligence/ misrepresentation/ deficiency of service by the Dealer/ manufacturer shall be attributable to the manufacturer of the Hearing Aid(s) and/ or the Dealer respectively and Earkart shall not be liable for the same.
- Earkart shall be under no liability in respect of any defect arising from willful damage, fair wear and tear, negligence, abnormal working conditions, failure to follow the manufacturer’s instruction[s] (whether oral or written, express or implied of the Hearing Aid purchased), misuse or alteration or repair of the products purchased by the Customer(s).
- Both Earkart and the Dispenser recognize that each of them will be given and have access to Confidential (including patient/ Customer(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/ Customer(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 Dispenser agrees to cooperate with Earkart to do the same.
- Earkart understands the sensitivity of patients'/ Customer(s) data and intends to protect the data ensuring that no there shall be no dissemination of patients'/ Customer(s) data from them or from the Dispenser. Dispenser 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 Dispenser.
- 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, eitherParty 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 only.
- Within thirty  days from the date of termination of the Agreement, Earkart shall, unless legally prohibited, delete all the Dispenser 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 DISPENSER 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 Dispenser 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 Dispenser Invoice, Earkart 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.
- Notices. Any notices required or grievance to be resolved under this Agreement must be in writing and addressed to Earkart 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) and e-mail.
- 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.
- Assignment: Dispenser cannot assign, transfer, sub-contract or delegate any of its rights or obligations under this Agreement to any third party whosoever. If Dispenser 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 Announcements:Vendor will not make any statement (whether oral or in writing) in any press release, external advertising, marketing or promotion materials regarding the subject
TERMS AND CONDITIONS OF SALE (BETWEEN EARKART AND CUSTOMER)
Please read these conditions carefully before purchasing any product(s) with the Dispensers via Earkart maintained on Earkart.in. These conditions signify your agreement to be bound by these conditions.
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, IRRESPECTIVE OF WHETHER YOU ARE A VISITOR OR A REGISTERED MEMBER, YOU INDICATE YOUR PERSONAL ACCEPTANCE AND YOUR CONCURRENCE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THE COMPANY RESERVES THE RIGHT TO ALTER, AMEND AND MODIFY THESE TERMS AND CONDITIONS AT ITS SOLE DISCRETION. ALL SUCH AMENDMENTS AND MODIFICATIONS WILL BE DULY NOTIFIED ON THIS WEBSITE. IF YOU ARE NOT AGREEABLE TO THE TERMS AND CONDITIONS, WE REQUEST YOU NOT TO ACCESS THIS WEBSITE.
The Customer hereby acknowledges that Earkart has designed and developed this Website/Application to purchase Hearing Aid(s) from the registered Dispensers referred on this Website/ Application (hereinafter referred to as “Purpose”).
All information displayed on the Website/Application constitute an "invitation to offer".
Any Product(s) purchased by the Customer from a registered Dispenser shall be a transaction between the Dispenser and the Customer only and Earkart shall not be held responsible or liable for any act/ omission committed on behalf of the Dispenser or any dispute which arises out of such transaction.
- "Earkart Website/ Application" shall mean, collectively or individually, the website (earkart.in) and the software Application created/ designed by Earkart in order to facilitate the Purpose, including the website/ software updates/ upgrades.
- "Dispenser" shall mean a manufacturer authorized dealer/ distributor of hearing aids, registered on the Website/ Application.
- "Customer" is an individual visiting and/ or registering themselves on the Earkart Website/ Application in order to avail the defined Purpose of the Agreement.
- "Products" are hearing aid(s) purchased by the Customers from any of the Dispenser registered on the Website/ Application.
2. Customer's obligation & Covenants towards the Products
In addition to the Customer’s other covenants in this Agreement, by ordering Product(s) through the registered Dispensers, the Customer acknowledges and agrees that:
- The Customer has a written and valid prescription from an audiologist regarding their prescription for hearing aid(s) and the information supplied to Earkart and Dispenser will be accurate.
- You consent to the Dispenser contacting your audiologist to verify the authenticity of the prescription, if required.
- In the event the Customer does not have a valid prescription, the Customer can avail the audiology diagnostic services offered by the Dispenser, in exchange for appropriate fees chargeable by the Dispenser.
- That any problem that arises from the Product(s) sold by the Dispenser(s) via Earkart, due to error in the information provided by the Customer, then, any re-delivery/ substitution cost in addition to the initial cost will be billed to the Customer.
- All information provided by the Customer including their contact details, name and address, bank or credit card details are authentic and there is no misrepresentation or fraudulent act from the Customer.
3. Billing & Payment
- For sale of the Products through registered Dispensers:
- The Products sold by the registered Dispensers shall be sold at a price not higher than the MRP of the Product(s). The Dispenser at their own discretion can sell the Product(s) at a discounted price.
- That post the necessary communication and uploading of Customer and Product(s) details by the Dispenser on the Earkart Website/ Application the Dispenser shall then raise an invoice to the Customer(s) (hereinafter referred to as "Dispenser’s Invoice").
- That upon receipt of the Dispenser’s Invoice by the Customer, they are liable to make full payment to the Dispenser through Cash, Online payment via Credit Card, Debit Card, Net Banking/ Mobile Banking or UPI, at their own discretion.
- The Customer must duly note that any transaction, incidental or ancillary to the sale of Product(s) by the Dispenser to the Customer, is an agreement with the Dispenser and not with Earkart.
- In addition to all other remedies available under law and equity and as detailed under this Agreement, Earkart reserves the right to recover the cost of Products, collection charges, attorney’s charges etc., from a Customer using the Website/ Application fraudulently. Further, Earkart reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website/ Applications and any other unlawful acts or acts or omissions in breach of these terms and conditions.
4. Return/ Exchange Policy
- Any kind of return or exchange of Product(s) shall be governed by the policy(s) detailed by the Dispenser(s) to the Customer(s). Earkart shall not be responsible for the same.
5. Earkart Benefits
- The Earkart Benefits (hereinafter referred to as “Benefits”) will be availed on the Dispenser Invoice, auto-generated and issued to the Customer. In the event the Dispenser invoice is not auto-generated on the Earkart Website/ Application, the Customer must upload the Dispenser’s invoice on the Earkart Website/ Application or provide it to the Earkart executives.
- That following the purchase of Product(s) the Customer shall become eligible for the following Benefits, only:
Please Note: The abovementioned benefits mentioned in Clause 5.2 shall be applicable only in those cases where the Dispenser Invoice value is more than INR 10,000/-.
- Earkart Hearing Aid Insurance- This third-party insurance policy will cover the Customer against any accidental damage or theft caused to the Product purchased. Each and every claim under the policy shall be subject to the terms and conditions provided by the third-party insurer.
- A UV electrical de- humidifier or batteries for four  months (whichever is applicable)
- Buy-Back Option- Instant credit of 50% of the Dispenser Invoice value uploaded/ provided by the Customer(s), to the Earkart Application Wallet (hereinafter referred to as “Wallet”). Customer(s) has the option to redeem the Wallet amount by purchasing Product[s] having MRP higher than the MRP of the device detailed on the uploaded Dispenser invoice. Such upgradation shall be valid within four (4) years from the date of purchase of Product(s) only.
Click here to go access the terms for availing the Earkart Benefits.
- Benefits will be dispatched to the Customer only after fifteen (15) days from the date of purchase, provided the customer has given their express consent to avail such benefits and provided the necessary invoice details and their postal address within (15) days from the date of purchase.
- The free gift(s) will be dispatched to the Customer only after fifteen (15) days from the date of purchase. Any request for return of the Product(s) raised by the Customer after fifteen (15) days from the date of purchase of such Product(s), the Customer shall be liable to return the Free Gifts availed by the Customer, as per Clause 5.1, immediately while returning the Product(s) to the Dispenser(s) and the insurance shall stand cancelled.
- In order to avail the claim under the insurance policy, the Customer(s) must follow the Terms and Conditions of the policy provided by the insurer. Any false claim raised shall lead to immediate termination of such claim, along with appropriate legal proceedings against the Customer(s).
- The Customer(s) understand that any Hearing Aid availed by them on a 1+1 offer circulated by the Dispenser, the free gifts enumerated in this section shall be applicable on the purchased/ billed Hearing Aid only and not the one availed free of charge(s).
- In the case the original manufacturers of the Product(s) purchased provide any specific warranty, then, those will be applicable subject to Customer(s) compliance with the warranty terms mentioned therein. With respect to the warranty offered by the original manufacturer, Earkart and the Dispenser would not be responsible or liable for the same. Your claims will have to be raised with the original manufacturer only. If feasible, Earkart may provide reasonable assistance in this regard.
- Force Majeure: Earkart shall incur no legal liability whatsoever if at any time it is unable to fulfill its obligations under this Agreement 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.
- Governing Law: Any claim or dispute arising from or relating to this Agreement will be governed by the laws of the land where the Dispenser runs their operational business.
For Any Communication regarding terms and conditions or consumer related queries please use the following email firstname.lastname@example.org