LEXIE HEARING TERMS AND CONDITIONS

You must not make use of our Services, provide us with any personal information, or make any purchase through this website unless you understand and agree to all of our Terms and Conditions.

When you click to make a purchase, legal obligations arise and your right to the refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our Terms & Conditions.

Once a payment is made for your purchase or subscription, it is deemed that you have read and understood the Terms and Conditions.If you have any queries, please contact us before subscribing or making any purchase for any Service or product through this website.

Supplemental terms may apply to certain options or offers available through the Services, such as policies for a particular event, program, activity, or promotion. These supplemental terms will be provided to you with the applicable option or offer. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable option or offer. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable option or offer.

1. Agreement And Jurisdiction

hearX USA Incorporated, (“we”, “us”, “our”, “hearX USA”, “Lexie Hearing”, “The Company”) a Delaware Corporation, is the owner of this website, the Lexie Hearing application on both the Android and iOS platforms (the “App”), the Lexie Rewards® Program, Lexie Hearing brand and associated trademarks.

These Terms and Conditions (the “Terms”) form the basis of the legal relationship between you (product user, subscriber, website browser, one who procures, makes contact, purchases products or Services, utilizes the Lexie Rewards® Program or signs up for a Subscription) and us, under which we agree to provide you with our equipment, services, software, Subscription, online hearing screening, Lexie Hearing applications including the Lexie App and Lexie Rewards® Program, hardware, tools, website, know how, hearing library or content (the “Services”) and create an agreement between you, the user, and us for the Services.

These Terms will become binding on you when you elect to utilize our Services and will be exclusively governed by and construed in accordance with the laws of the State of Delaware, whose Courts including both state and federal will have exclusive jurisdiction in any dispute.

Any legal claim that you may have against us must be commenced within one year after the claim or cause of action arises. Failing to do so will prevent and invalidate your claim against us.

If any provision contained in these Terms is found to be invalid by any competent court with the necessary jurisdiction, the invalidity of such a provision will not affect the remaining provisions of these Terms, and they shall remain in full force and effect. Any waiver contained in the Terms shall not constitute a further or continuing waiver of such Term or any other Term.

2. LIMITATIONS TO USE OF SITE

This website (hereafter read to include the App), is intended for use only by persons 18 years and older.

By using this website, you accept the responsibility to maintain the confidentiality of your account and any login information created by yourself as a result of a purchase or subscription on the site.

You are deemed to be responsible for all activities in your account. If any unauthorized use of your account should occur, you are under an obligation to notify us of the security breach immediately.

This website is offered to you on the condition of your acceptance of these Terms, and by accessing and using this website and/or Subscribing to the Services, you agree to be bound by all terms, conditions and notices, including our Privacy Policy

You expressly warrant that you will not use this website for anything that is prohibited by these Terms.

You may only use this website to browse the content thereof, subscribe, and make legitimate purchases and shall not use this website for any other purposes, including without limitation, to make speculative, false or fraudulent purchases.

This website and the content provided in this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. “Deep linking'', “embedding” or using analogous technology is strictly prohibited. This prohibition expressly includes, but is not limited to, the practices of “web scraping”, “screen scraping”, and “data mining”.

You may not reverse engineer, disassemble, decompile, or otherwise attempt to derive source code for this website or its content.

Unauthorized use of this website and/or the materials contained in this website may violate applicable copyright, trademark or other intellectual property laws or other relevant laws

We reserve the right to:

  • modify or withdraw, temporarily or permanently, the website (or any part thereof) 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
  • change, modify, add to or remove these Terms from time to time, and your continued use of the website (or any part of) and/or the Services following such change shall be deemed to be your acceptance of such change. Changes to these Terms will become effective upon such changes being posted to this website. 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 or Services.
  • We will use our reasonable endeavors to maintain the website. However, we do not take responsibility for any loss of data. 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.

    3. USE OF SITE

    By using this website or subscribing to the Services, you agree to provide us with true, accurate, current and complete information for your account, subscription and order (“Account Information”). You are also obligated to maintain the truthfulness and accuracy of that information by updating your Account Information if any changes in the accuracy thereof should occur.

    If we have reason to believe that the above information is untrue or inaccurate in any way, we reserve the right to suspend or terminate your subscription and account, and prohibit any current and future use of this website or the Services.

    We reserve the right to refuse Service, discontinue transactions, terminate accounts and/or cancel orders or subscriptions at our sole discretion.

    You accept responsibility for any fees, charges, duties, or taxes that may arise from the use of this website or the Services. Your Account Information and certain other information about you is governed by and subject to our Privacy Policy.

    4. ACCURACY OF INFORMATION

    DISCLAIMER: THE CONTENTS OF THIS WEBSITE AND THE HEARING LIBRARY ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY OF INFORMATION, MERCHANTABILITY, FITNESS FOR A PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, EITHER EXPRESSED OR IMPLIED, THAT THE SERVICES ARE MERCHANTABLE OR FIT OR SUITABLE FOR ANY PARTICULAR USE OR PURPOSE. AND WE MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS IS EXPRESSLY SET FORTH HEREIN, ALL SUCH OTHER WARRANTIES BEING HEREBY DISCLAIMED, TO THE FULLEST EXTENT PERMITTED BY LAW.

    THE OWNER OF THIS WEBSITE, THE AUTHORS OF THESE CONTENTS AND IN GENERAL ANYBODY CONNECTED TO US OR THIS WEBSITE IN ANY WAY, FROM NOW ON COLLECTIVELY CALLED "PROVIDERS", ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THESE CONTENTS.

    FURTHERMORE, WE DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE SAFETY, RELIABILITY, ACCURACY, CORRECTNESS OR COMPLETENESS OF THESE CONTENTS.

    The use of this website and Services is forbidden in those places where the law does not allow this disclaimer to take full effect.

    Use of this website and Services is at your own risk. You expressly warrant that we will not be held liable for any claims resulting from your use of this website or the Services contrary to these Terms.

    You hereby state and acknowledge that you have (and will continue) to submit truthful representations when answering questions regarding your hearing health which may flag you by our Service and advise that you seek professional medical attention.

    Lexie Hearing is not a replacement for a medical service and you hereby acknowledge this and indemnify us of your misuse of our Service or your misrepresentation while using our Service.

    5. LIMITATION OF LIABILITY

    THE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, 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. THE PROVIDERS CANNOT ASSUME ANY OBLIGATION OR RESPONSIBILITY.

    Notwithstanding the above, nothing in these Terms shall limit or exclude our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation by us; or
  • for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.
  • WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSSES and/or DAMAGES RELATING TO THE USE OF THE SERVICES OR BREACH OF ANY OF THE OBLIGATIONS OWED TO YOU, THE PURCHASER, OR ANY THIRD PARTY.

    Our total liability under or in connection with the Services (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 monies actually paid by you to us and to which the loss relates.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEXIE HEARING, HEARX USA INC AND THEIR SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LIABILITY, LOSSES, DAMAGES AND/OR COSTS OR EXPENSES WHETHER SPECIAL, DIRECT, INDIRECT AND/OR OF A CONSEQUENTIAL NATURE INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OF PROFITS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, DEATH OR PERSONAL INJURY CAUSED BY ANY NATURE WHATSOEVER OR ARISING OUT OF THE USE OF YOUR LEXIE HEARING AID(S), THE LEXIE REWARDS® PROGRAM, THE LEXIE APP AND OTHER LEXIE PLATFORMS, AND YOU HEREBY INDEMNIFY LEXIE AGAINST ANY SUCH LIABILITY.

    You expressly agree to release us from any and all liability connected with your use of any of the Lexie platforms, and promise not to sue us for any claims, actions, injuries, damages, or losses associated with your use of these platforms.

    You agree that, to the extent permitted by law, we shall in no event be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with:

  • your use or misuse of the Lexie platforms; and/or
  • your use or misuse of equipment or programs created or licensed by us; and/or
  • any delay or inability to use benefits associated with any Lexie platforms; and/or
  • any information, software, products, services or content on the Lexie platforms, whether based on contract, tort, strict liability or otherwise, even if we have been advised of the possibility of damages.
  • 6. Cautions & Notices

    If you are younger than 18 do not use our Services: You should go to a doctor because your condition needs specialized evaluation and management. Our hearing aids are intended only for users who are age 18 or older.

    Our hearing aids are designed and intended for perceived mild to moderate hearing loss in adults. If you experience any of the following you may have this kind of hearing loss:

  • Difficulty hearing or understanding conversations, especially in groups or noisy places, or when you can’t see who is talking
  • Difficulty hearing while using a telephone
  • Fatigue due to greater listening effort
  • Needing to turn up the volume of television, radio, or music louder than normal or loud enough for others to complain
  • You can seek assistance from a hearing healthcare professional: This device may not be useful for more significant hearing loss or complicated hearing needs. If you cannot hear conversations in a quiet environment, or you have trouble hearing loud sounds - for example, loud music, motor vehicles, power tools, noisy appliances - this device may not help you hear better.  If you try this device and continue to struggle with or remain concerned about your hearing, you should seek a consultation with a hearing healthcare professional.

    Conditions that Require Medical Care: Prior to purchasing this device, you should promptly consult with a licensed physician, preferably an ear specialist, if you have any of the following:

  • Visible deformity of the ear, either present since birth or from trauma
  • Fluid, pus or blood coming out of the ear in the past 6 months
  • Pain or discomfort in the ear
  • History of excessive ear wax or suspicion that something is in the ear canal
  • Episodes of vertigo (a sensation of spinning or swaying) or severe dizziness
  • Sudden, quickly worsening, or fluctuating hearing loss in the past 6 months
  • Hearing loss or ringing (tinnitus) only in one ear or a noticeable difference in hearing between ears
  • Hearing aids should not cause pain when inserting: Remove the hearing aid device from your ear if it causes pain or discomfort when inserting or placing it. To try again, make sure to follow the instructions. If you feel pain or discomfort again, please contact us. You may also report this to FDA as an adverse event according to the instructions that appear later.

    Our hearing aids are not hearing protection: You should remove the hearing aids if you experience overly loud sounds, either of short or long duration. You should use appropriate hearing protection in loud environments. As a general rule, if you would use ear plugs in a loud environment, you should remove hearing aids and use ear plugs in that environment.

    The sound output should not be uncomfortable or painful: You should turn down the volume or remove the hearing aids if the sound output is uncomfortably loud or painful.

    If you remain concerned, consult with a professional:If you try our hearing aids and continue to struggle with or remain concerned about your hearing, you should consult with a hearing healthcare professional.

    More information, including the user instructional brochure, can be found here: https://lexiehearing.com/us/assets/documents/lexie_user_manual_2020_11_04.pdf

    You may also call (800) 499-1336 to request a paper copy of this information and other labeling.


    You are advised that it is in your best health interest to consult a physician or healthcare professional before making any medical decisions. It should be noted that hearing aids/ instruments cannot restore normal hearing and will not prevent or improve any hearing impairment. You are urged to use your hearing aid frequently to obtain full benefit from it.

    When you Subscribe or purchase a hearing aid or subscription from us, you warrant that you are 18 years of age or older.

    All information gathered through or supplied by this website, or any of the Providers, in any form, is deemed to be for informational purposes only and does not constitute medical or professional advice.

    The information and Services supplied by us are not a substitute for a visit to a medical professional.  Your use of this website does not create any professional relationship between us, and any privacy interests are limited to those contained in our Privacy Policy.

    7. COPYRIGHTS AND TRADEMARKS

    All content of this website is the property of the hearX USA, a Delaware Corporation. All copyrights, trademarks, trade names, logos and service marks (“the logos”), including Lexie Rewards®, the Lexie design mark and the “X” design mark, displayed on this website are the property of hearX IP (Pty) Ltd or its affiliates.


    You are not permitted to use these marks without prior written consent from the owner thereof. In addition, any graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Services are trademarks or trade dress of hearX IP (Pty) Ltd. Our trademarks and trade dress may not be used in connection with any product or service that is not the property of hearX IP (Pty) Ltd or its affiliates, and in any manner, is likely to cause confusion among customers, or disparages or discredits hearX USA or its affiliates. Any Third-party trademarks appearing on this website are the property of their respective owners.

    8. CONTACT DETAILS

    hearX USA can be contacted through the following channels:

    Physical and Postal address:
    1712 Sycamore Road, DeKalb, Illinois, 60115

    Phone:
    (800) 499-1336

    Email:
    support@lexiehearing.com

    9. THIRD PARTY LINKS

    In an attempt to provide increased value to our Users, we may provide links to other websites or resources.  You acknowledge and agree that we are not responsible for the availability of such external sites 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 reliance on any such content, goods or services available on such external websites or resources.

    10. PRIVACY POLICY

    Use of this website and/or the Services and the collection, use, and sharing of your Personal Information is governed by our Privacy Policy. If you request that your account or data be deleted, either by contacting us or through the App, your access to the Services will immediately cease and any accumulated points or value from the Lexie Rewards® program  will become worthless and unable to be redeemed for any value.

    Please note that deleting your account or data will not cancel your Subscription (if applicable). To cancel your subscription you will be required to follow the instructions set out in our Returns Policy.

    11. COOKIES

    When you visit the Site, we may use “cookies” which are small files stored as text on your computer or device. In some countries, we are not permitted to send cookies to the browser of a user without the prior consent of the affected user. In this case, we will seek such consent. The remainder of this section assumes that either the use of cookies is not restricted by applicable law, or if it is restricted that the individual has explicitly consented to the use of the cookies.

    These “cookies” and other similar technologies like pixels, web beacons (also known as “clear GIFs”) and local storage may be used to collect information about how you use the Services and provide features to you.

    If a visitor does not want information collected through the use of cookies, most browsers allow the visitor to reject cookies. Please note that if you use your browser settings to modify or block all cookies, you may not be able to access parts of the Services and your user experience may be severely degraded. We may share non-Personal Information obtained via cookies with our advertisers and affiliates.

    Information provided by these cookies are essential to help us provide the Services in a manner that is adapted to each user’s specific needs. We believe that such means are fair, lawful, and proportional to the legitimate interest and needs of our business, and that our methodology fairly addresses each user’s legitimate rights and expectations in view of the context and purpose for the collection and use of the information collected.

    Please note, we are not responsible for the use of cookies by other websites that are accessed through us. To manage cookies please change the settings on your browser.

    12. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

    You may post reviews, comments, photos and other content and submit communications or other information to our social media platforms, websites or through our Services, only if the content is not illegal, obscene, threatening, defamatory, invasive of privacy, objectionable, infringing of intellectual property rights or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam” or unsolicited commercial electronic messages. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.

    When you post content or submit material, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media.

    You further grant us and any of our sublicensees or subsidiaries the right to use the name that you submit in connection with such content.

    You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this agreement and will not cause injury to any person or entity; and that you will indemnify hearX for all claims that may result from the content you supply.

    You are solely responsible for your own communications and the consequences of posting those communications. We take no responsibility and assume no liability for any content posted by you or any third party. We reserve the right, but not the obligation, to monitor and edit or remove any activity or content that you may submit or make available on any of our social media platforms, websites or through our Services.

    13. ONLINE HEARING SCREENING

    Our online hearing screening uses audio files and software developed by the hearX Group (Pty) Ltd. This screening is developed to help you identify the possibility of some form of hearing impairment. This online hearing screening is not a diagnostic hearing evaluation. Your degree of hearing loss, if any, cannot be diagnosed through this screening. You are urged to consult a healthcare professional for an official diagnosis.

    14. PURCHASE OPTIONS

    All payments are made in United States Dollar (USD). You may not under any circumstances resell any products purchased from us, whether through the website or any other means.

    You can choose from the following options and sources to get your Lexie hearing aids:

  • Outright purchase using your credit card from the lexiehearing.com store (or via our Lexie Hearing call center on 779 212 7334);
  • Purchase an all inclusive Subscription (only applicable to Lexie Duo hearing aids) from the lexiehearing.com store (or via our Lexie Hearing call center on 779 212 7334);
  • Purchase a Walgreens Subscription (only applicable to Lexie Duo hearing aids) from lexiehearing.com/walgreens store.
  • 15. DELUSIVE OR FRAUDULENT PURCHASES AND MISUSE OF POLICIES

    You are prohibited from using our Services, or making any purchase, that is in any way speculative, deceitful, false or fraudulent, or intended to abuse any of our  policies or processes. We reserve the right to refuse Service, discontinue transactions, terminate accounts and/or cancel orders or subscriptions at our sole discretion.

    16. SUBSCRIPTION

    Subscriptions consist of a subscription management service, which requires you to have a valid and active credit card in order to access the Subscription Service. The Subscription service is only available for the Lexie Lumen Duo hearing aid devices and accessories. No credit checks will apply to Subscription orders.

    We reserve the right to change the Subscription terms, stop providing the Subscription Service or any features of the Subscription without prior notice.

    We reserve the right to terminate or suspend your access to the Services, Subscription and/or disable your access to the hearing aid devices, without liability, within our sole discretion if you violate any of the Terms. You will continue to be bound by the Terms following such termination or suspension.

    By signing up for the Subscription you expressly agree that we may verify your payment method, billing, and/or shipping address and that we may contact you (either by email or phone) if we require any additional information to process your Subscription. You are required to supply valid information for any Subscription. Any inaccurate or invalid information provided may result in delays processing your Subscription.

    We reserve the right to investigate any Subscription if we suspect that such Subscription is in violation of the Terms, including without limitation, verifying your credit card information.

    Your Subscription must remain active to make use of the Services. Payments are to be made for a given month in advance. If you cease to make payments for the Subscription for a period of 2 weeks after your monthly payment was due, your account and Subscription may be deactivated.  We reserve the right to disable your hearing aids and your access to the Services in the event of non-payment of the Subscription fees.


    In the event of non-payment of Subscription fees we reserve the right to hand your account over to our debt collecting agents and institute legal proceedings.  You will also be required to return the hearing aid devices and accessories to us in accordance with our Returns Policy.

    If you fail to return your hearing aid devices and accessories in accordance with our Returns Policy, Subscription fees will continue to be due and payable. If you fail to make payments for your Subscription and third-party collection should become necessary, you hereby agree to pay all outstanding fees and the costs of collection thereof including attorneys' fees and court costs incurred as a result of your non-payment.

    The activation fee and first month Subscription fee may be refunded in the event of cancellation of your Subscription within the 45-day trial period, subject to our Returns Policy. By purchasing a Subscription you accept responsibility for all recurring charges prior to cancellation.

    Unless canceled by you in accordance with the Terms, your Subscription will be automatically extended for successive monthly renewal periods. By purchasing a Subscription you accept responsibility for all recurring charges prior to cancellation.

    You may terminate your Subscription at any time by contacting us, but you will be required to return the hearing aid devices and accessories to us in accordance with our Returns Policy. By your continued use of the Subscription you expressly agree that we are authorized to charge you for your Subscription and you will be responsible for such charges.

    We may collect your Subscription payments from you directly or use a third-party payment partner (the “Payment Partner”) to bill you for your Subscription. The processing of Subscription payments by the Payment Partner will be subject to the terms, conditions and privacy policies of such Payment Partner in addition to these Terms. We cannot be held responsible for any errors of the Payment Partner.

    By purchasing a Subscription, you agree to make payment to us, either directly or through the Payment Partner, for the subscription fee and other applicable charges, and authorize us, directly or through the Payment Partner, to charge your chosen account with such payments.

    16.1. Lexie All Inclusive Subscription

    The Lexie Subscription payment consists of a once off activation fee of $50 and a monthly Subscription fee of $49, upon Subscription, which will be followed by monthly recurring payments of $49. Unless canceled by you in accordance with the Terms, your Subscription will be automatically extended for successive monthly renewal periods. We reserve the right to change the Subscription fee from time to time and will notify you of any such changes.


    What is included in your Subscription:

  • Upgrades: Your device will be upgraded every two (2) years, to ensure that you have access to the most relevant technology and functionality available.
  • Care kits: Supplied after your 45 day trial period and then every subsequent 6 months until your Subscription is terminated. Accessories supplied are enough to last 6 months. Within reason, an earlier replenishment can be arranged by contacting us on 779 212 7334. Accessories may not be used for any other hearing aid or any other purpose. Abuse of these supplies is a violation of these terms.
  • Lexie Care: Free access to our hearing Experts to help you get the best hearing experience out of your hearing aids. Experts are available during our contact center trading hours. These hours may be changed at Lexie Hearing’s discretion.
  • Lexie Cover:  A product protection plan that covers certain types of breakages and damage. Please note that if your hearing aid is lost, stolen, damaged by a third party or irreparably damaged a $120 replacement fee per hearing aid will be payable for the replacement thereof. If your hearing aids become damaged (excluding third party damage), you can send it to us and we’ll repair them, at no cost to you.
  • Free shipping: We offer you the option of free shipping of your hearing aid devices and Care kits. Please note that any return shipping or re-shipping costs will be for your own account. Please refer to our Shipping Policy.
  • Lexie Rewards®: You will have access to our proprietary program which rewards you for wearing your hearing aids and interacting with us.

    16.2. WALGREENS SUBSCRIPTION

    The Walgreens Subscription payment consists of a once off activation fee of $50 and a monthly Subscription fee of $39, upon Subscription, which will be followed by monthly recurring payments of $39. We reserve the right to change the Subscription fee from time to time and will notify you of any such changes.

    What is included in your Walgreens Subscription:

  • Lexie Care: Free access to our hearing Experts to help you get the best hearing experience out of your hearing aids. Experts are available during our contact center trading hours. These hours may be changed at Lexie Hearing’s discretion.
  • Free shipping: We offer you the option of free shipping of your hearing aid devices and Care kits. Please note that any return shipping will be for your own account. Please refer to our Shipping Policy.
  • Lexie Rewards®: You will have access to our proprietary program which rewards you for wearing your hearing aids and interacting with us.
  • Please note that returns for devices purchased through our partnership with Walgreen’s must be sent to our address and cannot be returned in-store.

    17. PAYMENT PROCESSING, CARD INFORMATION AND SECURITY

    Your payment details are not shared with or held by us at any time, and we do not store them on our servers.

    We use a trusted third party payment provider, Stripe Incorporated (the “Payment Portal Provider”), to securely store your payment information and maintain Payment Card Industry (PCI) compliance and securely store, process and transmit card data to the PCI compliance standard. The Payment Portal Provider has access to your payment information solely for the purposes of fulfilling this task.

    The Payment Portal Provider processes all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted.

    Our Payment Portal Provider is committed to providing secure online services and continually reviews and enhances their security in line with technological changes. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. The Payment Portal Provider’s Internet servers are protected by firewalls and intrusion detection systems.

    We also use the following third-party service providers for the purposes of storing and protecting your personal information and data:

  • Google for Google Analytics;
  • Firebase for data analytics (anonymised data);
  • Amazon for data storage.
  • 18. No Legal Relationship

    Your use of your Lexie hearing aid(s), the App, the Website or Services and/or participation in the Lexie Rewards® program does not create any legal relationship with us, other than being bound by these terms and conditions and consequently, when entitled to do so, to receive any benefits you may be entitled to.

    We may need to notify you by text, phone call or email regarding incomplete purchases or unfinished cart checkouts and, from time to time, be required to send communications to you regarding our Services. We may also need to contact you to complete surveys or research questionnaires relating to current or potential services that we may offer.

    19. Telephone Consumer Protection Act (TCPA)

    To participate in Lexie Rewards® or Subscribe to our Service, you will be required to give your consent for Lexie Hearing to contact you using the details that you have provided, by phone (including residential and cellular phone), email, text and/or the Lexie App about your Subscription, Lexie hearing aid, your participation in the Lexie Rewards® program and/or any new Lexie products or offers that may become available.

    Please note that this consent is not required for the purchase of any product on the Lexie website, but it is expressly required for the Subscription to our Service, use of the App and for your participation in the Lexie Rewards® program.

    By signing up and choosing to participate in the Lexie Rewards® program you acknowledge and understand that there may be instances where you will be required to complete certain communications from us to earn points which will count towards your points accumulation.

    These communications may be transmitted to you using the App, phone, text or email (including email sent to your mobile device(s)). Lexie Hearing utilizes an automated notification system to quickly and efficiently notify users of upcoming goals, information on your Subscription, Lexie hearing aid, your participation in the Lexie Rewards® program and/or any new Lexie products or offers that may become available and other information related to your Lexie hearing aid by phone, text, and email.

    Lexie Hearing will NOT use your personal information (including cell phone and landline numbers) for notifications other than stated above.

    In accordance with the Telephone Consumer Protection Act (TCPA), you are required to “opt in” to receive automated communications, text and emails on your mobile device(s) and landline number(s), if applicable. This means you must provide express consent to receive general messages and reminders through automated calls, SMS text messages and emails on your mobile device(s) or landline(s), if applicable, which may in some cases incur charges from your cellular or landline carrier.

    Please note: Consent is not required if the call or text is for emergency purposes or if made directly from one of our representatives. Please note that you can revoke consent to receive these messages at any time.

    You may opt-out and withdraw your permission at any time by contacting us. Please note that by opting-out and withdrawing your permission, your use of the Services may be canceled and you will no longer be able to participate in the Lexie Rewards® program and any points that you may have accumulated will be null and void. You are required to promptly notify Lexie hearing of any changes in the ownership of your cellular/ mobile or landline number (including its user contract) and email address if provided. Please note that deleting your account or data, or opting out of communications will not cancel your Subscription (if applicable). To cancel your subscription you will be required to follow the instructions set out in our Returns Policy.

    20. User Consent

    By continuing, by taking an online hearing test, filling out a contact or newsletter form, purchasing or attempting to purchase a product, creating a draft order or abandoned cart, making contact with Lexie Hearing, downloading the App, installing the App, creating a profile on the App, signing up for the Rewards Program, you hereby give both hearX USA, Lexie Hearing and their representatives, including their authorized marketing partners, permission to contact you via your cellular device or landline for automated phone, SMS text messages, in-App notifications, and to send email messages to your computer or other mobile devices for communications regarding our Service or Products or to complete surveys or research questionnaires relating to current or potential services that we may offer.


    You understand that emergency notifications are excluded from this permission and will be sent as normal. You hereby agree to promptly notify hearX USA and Lexie hearing of any changes in the ownership of the provided personal information (including cellular/ mobile or landline number and email address) which has been provided by you.

    21. Coupons

    How to use your coupon: Add an item to the shopping cart. Look for the box  that allows for the addition of a coupon code on the checkout page above the payment breakdown. Enter your code into the box and press 'submit'. Be sure to check that the coupon was redeemed before continuing.

    Discount Coupons do not apply to Subscriptions and will only be issued to registered users, 18 years of age or older. A maximum of one coupon is allowed per order. The coupon code, expiry date and discount applicable to the coupon will be detailed on each coupon.

    Coupons have no cash value and are non-refundable and cannot be exchanged either fully or in part for cash of any amount. The coupon is redeemable in its entirety in a single transaction only and may not be redeemed incrementally.

    The coupon discount and any minimum spend requirements as set forth on the coupon itself will be applied to the purchase price of eligible products only. The coupon may not be applied toward the cost of shipping, handling or customs, taxes, duties or other costs or fees associated with the purchase. A coupon cannot be combined with other offers, is not valid on past purchases and cannot be used or claimed retroactively. Coupons are void in territories where issue or use thereof is prohibited.

    Any refund a customer may be entitled to receive will not include the coupon or its redemption value. The customer will receive no more than the amount actually paid towards the purchase price.

    Coupons are issued by email to the address specified at time of purchase. It is the responsibility of the customer to provide the correct email address. hearX will not be liable or responsible for any loss suffered as a result of a coupon via email being blocked by filters or firewalls, or where the incorrect email address has been entered by the customer.

    We reserve the right to cancel any promotion, issued coupons, close user accounts, and/or request alternative forms of payment if a fraudulently obtained coupon is redeemed or used to make purchases. Use of automated devices or programs for coupon redemption is prohibited.

    22. Lexie Warranty

    Your Lexie hearing aid is covered under warranty for defects in parts, materials and workmanship (excluding general wear and tear on the devices, slim tubes, domes, retention wires or accessories) for 12 (twelve) months from the date of outright purchase.


    If we determine that your Lexie hearing aid is faulty due to parts, materials or workmanship we will repair or replace it once under this warranty at no cost to you. Please note that we reserve the right to make this determination at our sole discretion. Return shipping will be for your own account.


    The Lexie hearing aid warranty will be in effect and remain in effect regarding any subsequent replacement Lexie hearing aid supplied, from the date of purchase of the original product. Warranty claims will not be valid if your Lexie hearing aid has been modified or damaged, if the serial number has been altered, or if repairs have been made by someone other than us.


    Please note that if a hearing aid device is damaged by the user, stolen or lost, replacement or repair thereof will not be covered under warranty.


    If you have opted for the Lexie Subscription and your Lexie hearing aid is determined to be faulty due to parts, materials or workmanship, we will repair or replace it under your valid Lexie Subscription, at no cost to you. Please note that return shipping will be for your own account.

    23. Repairs and Replacements for Outright Purchases

    If your Lexie hearing aid would need to be repaired or replaced during the warranty period, please contact us. You will need to return the suspected defective device to allow us to inspect it. Return shipping will be for your own account. You must ensure that the correct device is returned to us, including all accessories.

    You will not receive a replacement until we have received the correct device and concluded our inspection. Once we have received the returned Lexie hearing aid and concluded our inspection you will be notified if your hearing aid device qualifies to be repaired or replaced. Please note that we reserve our right to make this determination at our sole discretion. If it is determined that your hearing aid device does qualify, we will send your repaired or replacement Lexie hearing aid within 2 weeks thereafter.

    24. Out of Warranty Repairs for Outright Purchases

    Please contact us for out of warranty repairs.

    We will accept any Lexie hearing aid or accessory for repair or service for a period of five (5) years after the date of purchase. Servicing, repair or replacement after the warranty period has expired will be for your own account.

    We will send you a bill showing the repair and service to be provided and charged for. If the anticipated charge for the repair or service should exceed an amount of $50, we will first contact you for your approval before any work will be performed.

    25. Repairs and Replacements for Subscriptions

    If your Lexie hearing aid needs to be repaired or replaced during your Subscription, please contact us to arrange the return thereof.

    You will need to return the suspected defective device to allow us to inspect it. Return shipping will be for your own account. You must ensure that the correct device is returned to us, including all accessories.

    You may not necessarily receive a replacement until we have received the correct device and concluded our inspection. We will send your replacement Lexie hearing aid within 2 weeks thereafter. A replacement fee of $120 per hearing aid device will apply for replacement of any irreparably damaged, lost or stolen hearing aids

    26. Returns and Refund Policy

    This Return and Refund Policy is applicable to all purchases including Subscriptions.

    We recommend that you use your Lexie hearing aid for a trial period of three weeks for you to properly adjust to the new hearing aid. This trial period is not compulsory and if you are not satisfied with your purchase you can return your Lexie hearing aid at any time within 45 days from the date of receipt for a full refund on the purchase price of the hearing aids or the Subscription fee (minus any shipping costs, discounts or coupons, redeemed on purchase). If you initially purchased the device or Subscription and opted to add express shipping, this express shipping charge will not be included in the refunded amount.

    THE 45-DAY TRIAL PERIOD IS ONLY APPLICABLE ONCE PER DEVICE MODEL. YOU WILL ONLY BE REFUNDED ONCE FOR EACH TYPE OF HEARING AID YOU WISH TO RETURN, NO RETURNS WILL BE MADE FOR CREDIT.

    YOU WILL NOT BE PERMITTED TO TRIAL AND RETURN THE SAME DEVICE MODEL MULTIPLE TIMES WITH THE GOAL OF CONTINUED USE OF THE DEVICES WITHOUT PAYMENT OR ANY OTHER FRAUDULENT USE EITHER THROUGH ONCE-OFF PURCHASE OR SUBSCRIPTION.

    Please note that all shipping costs or any other costs incurred for the return of your Lexie hearing aid will be for your own account, and any loss or damage of your Lexie hearing aid incurred during the returns process will be for your own account and responsibility. We do not accept any liability for any loss or damage of your Lexie hearing aid that may result from the return shipping process. We highly recommend that you purchase additional shipping insurance when returning your Lexie hearing aid.

    To qualify for the above refund, you will need to log a call with our contact center at any time before, but no later than 5pm (ET) on the 45th day after receipt. Once you have successfully logged your return, we will issue you with a returns authorization number (“RA Number”) which will be sent to you by email, along with the necessary returns form.

    You will need to print out this form, fill in the necessary information and send it back to us as soon as possible. The RA number MUST be included on the return package. To be eligible for a refund, you will be required to send the hearing aid(s) and all accessories back to us and provide the tracking number of the package within 7 (seven) days of logging your call with us. Once we have received the devices and have confirmed that they are eligible for return, we will process your full refund.

    If you have Subscribed, you may still return your Lexie hearing aids after the 45-day trial, but no refund for any portion of your Subscription fee will be given. If you return the hearing aids after the 45 days have lapsed you will not be refunded but your Subscription will be canceled and you will not be charged any further monthly Subscription payments.

    You can wear your hearing aids for the first 45 days and, if you’re not satisfied with them, you can return them and get fully refunded for the monthly installment and the once-off activation fee. Once we have received the devices and checked that all the parts have been included in the package, we will process your full refund and/or cancellation.

    Again, please note that You will only be refunded once for each type of hearing aid you wish to return, and it may not be returned for credit.

    For your Lexie hearing aid to be eligible for return:

  • It must be returned in saleable condition with everything that was included in the original packaging (including the Lexie carry case), together with all accessories, instructions and documentation (if any).
  • Your Lexie hearing aid must not be damaged, scratched, or soiled. 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.
  • The RA Number issued to you must be accurately and clearly reflected on the package that is returned.
  • The package needs to be returned to the correct address as provided by us.
  • We are not able to accept the return of any products which do not comply with these conditions. Products returned without a valid RA Number will be deemed not to have been validly returned and may be sent back to you at your own expense.

    If the product is returned within 45 days of the date of receipt and you have complied with the above conditions you will be entitled to a full refund of the original purchase price or Subscription fee. Any refunds shall be affected in the same manner in which your payment was made (i.e. by processing the refund against your credit card).

    You may not under any circumstances resell any products purchased from us, whether through the website or any other means.

    Note that in the event that you return your hearing aid, your Subscription, your access to and your value from the Lexie Rewards® program will immediately cease and you will lose all accumulated points up until that point, and the points will become worthless and unable to be redeemed for any value.

    In the event that we receive incorrect, non-Lexie items from you, we will contact you to arrange for the return thereof. Please note that return shipping will be for your own account. If we are unable to obtain confirmation from you for the return of the incorrect items within seven (7) days of our receipt thereof, you hereby expressly agree that we are authorized to dispose of such incorrect items on your behalf.

    27. Shipping

    We only sell from this online store into the continental United States. We offer the option of free shipping throughout the continental United States. You may opt-in for express shipping during the checkout process at an additional cost. Please note that any return shipping or costs associated with re-shipping due to the incorrect delivery address will be for your own account. We are not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim. Please save all packaging materials and damaged goods before filing a claim.

    We offer the following shipping options:

    Free USPS Shipping

  • Standard USPS shipping: Order delivered within 4-6 business days
  • Please note that insurance is not included. Risk of non-delivery passes to you. This means that in the event that your order is not successfully delivered to you, or if your package is stolen or goes missing during or after the delivery process, we will not be held responsible for the replacement of your order or refund of any purchase. We will however assist you with any required paperwork to file a complaint with the relevant shipping service provider.
  • Orders can be shipped to a PO Box.
  • Priority Shipping

  • UPS 2nd day air shipping: Order delivered within 2-3 business days
  • UPS insurance included.
  • Orders cannot be shipped to a PO Box.
  • Expedited Priority Shipping

  • USPS air shipping: Order delivered within 1-2 days (including Saturdays)
  • USPS insurance included.
  • Orders can be shipped to a PO Box.
  • 28. Lexie Rewards®

    By opting into the Lexie Rewards® program using the App it is deemed that you have read, understood, agree to and are bound to these Terms and Conditions. You must not opt into or use the Lexie Rewards® program in the App unless you understand and agree to the Terms and Conditions. If you have any queries, please contact us before opting in or using the Lexie Rewards® program within the App

    28.1. Lexie Rewards® Program

    Lexie Rewards® is a 45-day rewards program that gives you the opportunity to earn and redeem points for selected rewards which may include consumables (batteries, domes and tubes) or accessories (as and when available in the Lexie store).

    Earn points when you wear your hearing aids, perform everyday tasks with your hearing aids and on your App, and give us feedback that will help us to help you. Lexie Rewards® is free to all Lexie users and is available through the App.

    Lexie Rewards® points can only be applied to the purchase price of eligible products or specified rewards, and carry no cash value. Lexie Rewards® points may not be redeemed for cash.

    In order to join Lexie Rewards®, you need to opt-in for Lexie Rewards® by registering in the Rewards section in the App. Simply downloading the App to your phone does not automatically sign you up to Lexie Rewards®. We recommend that you sign up for Lexie Rewards® as soon as possible after receiving your Lexie hearing aids as late sign up will significantly reduce your Lexie Rewards® points earning potential.

    Points can be earned by completing Wearing Goals and activities set by Lexie Hearing. Lexie reserves the right to change weighting and point allocation within versions of the Lexie Rewards® program at its sole discretion. Lexie Hearing also retains the right to change the rewards available to users at any time. Accumulated points may only be redeemed at the end of the assigned Rewards Program period.

    In the event that you return your hearing aid or cancel your Subscription, your access to and your value from the Lexie Rewards® program will immediately cease and you will lose all accumulated points up until that point and the points will become worthless and unable to be redeemed for any value.

    Activities and Wearing Goals need to be synced with our Service in order for your points to be allocated. In order to do this, you need to ensure that your App is accessed while you have an internet connection (and while your devices are connected to the App via Bluetooth) at least once a week, so that the activities and points which are cached on the device and can be synced to our service. Only points that are synced in accordance with this (or any other instructions which we give you for successful syncing) to the service will be attributed to your account. Lexie Hearing shall not be held responsible for any lost or unassigned points as a result of your failure to use the App or sync the data with internet connection regularly.

    By signing up to the Rewards Program you consent to receiving phone calls, text messages, in-app notifications and communication, emails and push notifications as part of the program. By completing any rating or review activities you consent to such content being used in our marketing material, including our website, social media and our blog. If used, this content shall not attract any royalty payments to you.

    28.2. Wearing Goals

    The first hearing aid that rewards you for wearing it. The better you wear, the less you pay.

    Wearing your hearing aids is important because as you wear them you build up a tolerance to louder volume levels. To help you adjust to wearing your hearing aids, personalized Wearing Goals are automatically set to complement your lifestyle.

    In order to accrue points, the Wearing Goals need to be met. Wearing Goal points are assigned on an ‘all or nothing’ basis. If you miss the target wearing time for the week, you will not receive any points for that week.

    The Lexie Rewards® program Wearing Goals will be divided into 7-day cycles that are not fixed/ attached to a specific day of the week. Your Wearing Goal will be reviewed at the end of each seven-day cycle (“week”) and will determine your Wearing Goal for the following week. The first “week” will start on the day you opt-in for Lexie Rewards®.

    To achieve your Wearing Goals, you will be required to wear your Lexie hearing aid for a certain period of time each week and synchronize your Lexie hearing aid with the Lexie App on your mobile device at the end of that week, when prompted. Note: If you turn off notifications on the App, you will not receive any prompts for this synchronization.

    If you do not synchronize your Lexie hearing aid with the App in time, you may forfeit the points for that week and you will not be able to claim those points towards your Wearing Goals, or it may result in the inaccurate or incorrect reflection of the duration of your usage.
    hearX USA and Lexie Hearing cannot be held liable for your failure to synchronize your Wearing Goals.

    By participating in the Lexie Rewards® program, you expressly consent that we may monitor your usage of your Lexie hearing aid through the App or other Lexie platforms.

    28.3. Activities

    Activities will help orientate you to your devices and the Lexie App. You will be required to complete these activities in order to earn the points attributed to said activities.

    The activities listed on the App each have a specific points value. Points applicable to activities are assigned on a ‘per activity’ basis, so you will receive the points allocated in the activity on successful completion thereof.

    An activity will only be available for a certain period of time, after which it will expire, regardless of whether you have completed the activity. Should you miss the deadline for the completion of the activity, you will permanently lose the opportunity to earn points for that activity. You will be notified on the App when new activities become available. Note: If you turn off notifications on the App, you will not receive notifications for new activities.

    28.4. Disclaimer

    The Lexie Rewards® program and App can only be used with your Lexie hearing aids and are not compatible with other hearing aid devices.

    The Lexie Rewards® guidelines, activities and goals are not intended to diagnose, examine, treat or cure medical conditions of any kind, or to determine the effect of any specific exercise or action on a medical condition. The actions of Lexie Hearing and its affiliates, any participation in, and/or information received through the Lexie Rewards® program, App or any Lexie software or website (the “Lexie platform(s)”) is not intended to be a substitute for professional medical advice, diagnosis or treatment.

    You expressly acknowledge and agree that no medical advice is provided through the Lexie platforms. Any content provided by Lexie, including all communication and other materials, whether provided by us or third parties through any Lexie platform, is not intended to constitute or replace the advice of or consultation with a physician or other medical professional.

    Please consult with your physician or other qualified healthcare providers if you have any questions about a medical condition or treatment before starting a new healthcare or exercise regimen.

    If, during your participation in the Lexie Rewards® program, you have any concerns about the effect thereof on your health, or if you have any specific medical questions, you are advised to immediately cease participation in the Lexie Rewards® program and to direct such queries or concerns to a duly qualified medical professional.

    The content and communications on the Lexie platforms are not intended to be used for diagnosing or treating any health problem and does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and us.

    By participating in this program, you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by our action, inaction or negligence or by the action, inaction or negligence of others, and agree that we, to the extent permitted by law, cannot be held liable for any injuries and/or death caused by participating in the program.

    We cannot guarantee the availability, accessibility, accuracy, or proper functioning of the App, Lexie Rewards® program or any Lexie platform, nor that it will function error-free. It is possible that submissions may not be successfully processed or executed because of errors or failures, whether caused by you, Lexie or other factors related to our partners or third-party providers. Lexie is not responsible for any unauthorized human or technical intervention, nor is liable or otherwise responsible for any transaction that is not properly processed, executed, saved or transmitted, regardless of the cause of the problem.

    No warranty is made that the Lexie platforms’ functionality or services will be uninterrupted or error-free.

    28.5. Use Of Lexie Rewards® Program And App

    Our standard terms and conditions will apply at all times and will be governed by the laws of the State of Delaware.

    If you choose to participate in Lexie Rewards®, it means that you have read and understood our standard terms and conditions, including the terms and conditions contained in this document, and agree to be bound by these rules.

    We reserve the right to amend the terms and conditions from time to time, without notice. These amendments may include, but are not limited to, changes to the amount of points attributed to each activity, the number and type of activities, as well as changes to the Lexie Rewards® program. You are advised to regularly refer back to these terms and conditions to ensure that you are aware of any changes that may have been made.

    Full use of the Lexie Rewards® program and App is dependent upon your use of a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the App and your participation in the Lexie Rewards® program. It is your responsibility to ensure your supported mobile device’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

    When using the App, you will be able to upload, store or share data and other information to Lexie Hearing with the App. By making this data available on the App you hereby grant us a non-exclusive, transferable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute this data in anonymized and aggregated form, in whole or in part, in any media.

    The rights under this section will only be for the limited purpose of offering and improving the Lexie Rewards® program, the App and/or associated software.

    The Lexie Rewards® program, the App and associated software is intended for your personal, non-commercial use.

    By purchasing a Lexie hearing aid, downloading and using the App, creating an account on the App and and choosing to participate in the Lexie Rewards® program, Lexie Hearing grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App and software that is embedded into the Lexie hearing aid devices, including third-party software, and to access, view and interact with the Lexie Rewards® program content as authorized in these Terms. This license is provided solely for your personal, non-commercial use of the App and associated software, as permitted in these Terms.

    You may not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Lexie Rewards® program, App and/or associated software or any portion thereof (including any third-party software), except as expressly permitted in these Terms.

    No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Lexie Hearing or its licensors, except for the licenses and rights expressly granted in these Terms.

    Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Lexie Rewards® program, App or associated software:

  • use, display, mirror, or frame the Lexie Rewards® program, App or associated software or any individual element therein, including the layout and design of any page, without our express written consent;
  • use our name, trademark or logo, or any of our proprietary information without our prior express written consent;
  • access or tamper with our computer systems, or the technical delivery systems of our providers;
  • test the vulnerability of our system or breach any security or authentication measures;
  • circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect our software or programs;
  • access the Lexie Rewards® program, App or associated software through the use of any mechanism other than through the use of a lawful and authorized connection; or
  • modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that we may provide to you or any other part of the Lexie Rewards® program or App.
  • 28.6. Lexie Rewards® Benefits And Discounts

    We may, at our sole discretion, terminate, cancel, amend, adjust or vary the Lexie Rewards® benefits and point allocation. Discount coupons earned through Lexie Rewards® will only apply to hearing aid devices, not accessories.

    Your participation in and any points accumulated through the Lexie Rewards® program may be terminated if we find that you have acted dishonestly or fraudulently in your engagement with Lexie Hearing.

    The Lexie Rewards® points earned are applicable and connected to the serial number of your Lexie hearing aid and are earned by completing the specified goals.

    Lexie Hearing and the Lexie Rewards® program is only available to users in the continental United States.

    Allocated Lexie Rewards® points available on goals will differ depending on whether you purchased one or two Lexie Hearing aids. If you have purchased two Lexie hearing aids (one for each ear), the Lexie Rewards® program will track the usage on the hearing aid that is worn the most.

    The Lexie Rewards® points have no cash value and may only be redeemed against items which Lexie Hearing makes available as rewards on the program. Users may not transfer rights to rewards or benefits to another person or use these rights as security for any debt.

    Any refunds, or rewards points accumulation earned through the Lexie Rewards® program, will be applied to the actual amount of the purchase price of the hearing aids, after any coupons or discount vouchers have been applied and excluding shipping.

    If you wish to return your Lexie hearing aid for a refund of the purchase price during the 45-day trial period, any points that you have earned through Lexie Rewards® will be void and worthless.

    If your Lexie hearing aid is returned to us for repair within your 45-day trial period, the trial period and your Lexie Rewards® program will be paused until you have received your devices again. If the pause starts in the middle of a certain week, the completed activities and goals for that week will be accounted for. However, the week will restart in terms of your Wearing Goals once you have received your devices from us. The billing date will be delayed by the amount of days the repair process has taken. Billing will be placed on hold until the 45-day trial and Lexie Rewards® program commences again.

    We will need to verify your identity and Lexie hearing aid purchase through the Lexie App before you can opt into the Lexie Rewards® program. You have a right to access, update or correct your personal information. It is your responsibility to ensure that your personal details are correct, as we will not be responsible for any loss or damage because of errors due to incorrect information. If you require any assistance to change or rectify any information you may call our contact center or update limited information in the Lexie App (if available for update via the App).

    If you request that your account or data be deleted, either by contacting us or through the App, your access to the Services will immediately cease and any accumulated points or value from the Lexie Rewards® program will become worthless and unable to be redeemed for any value.

    Please note that deleting your account or data will not cancel your Subscription (if applicable). To cancel your subscription you will be required to follow the instructions set out in our Returns Policy.

    You (the person for whom the Lexie hearing aid(s) were purchased with the intention to physically wear the Lexie hearing aid(s)) are the only person authorized to participate in the Lexie Rewards® program. You may not exchange or lend your Lexie hearing aid to another person in order to achieve goals or earn points through the Lexie Rewards® program.

    You are responsible for the safekeeping and proper use of your Lexie hearing aid. You agree to notify us immediately if your Lexie App has been compromised, or if you suspect that your profile has been fraudulently accessed or used, failing which you agree that you will accept responsibility for any losses incurred resulting from the use thereof by any unauthorized person.

    28.7. How Your Points In Lexie Rewards® Will Be Accumulated

    You can earn points which are redeemable on purchases in the Lexie store. The maximum amount of points which you can accumulate will be calculated based on your purchase type (Subscription or Once Off purchase), the relevant purchase price or Subscription value, minus any discounts, coupons, accessories, add-on services or shipping.

    The maximum amount of attainable points with the purchase of DUO hearing aids are more than the maximum attainable points with the purchase of a SOLO hearing aid.

    The total points you may earn through Lexie Rewards® is dependent on the amount of wearing and activity goals you have met during the program.

    The number of points you may earn will depend on different factors such as the activity you are doing and / or your health goals and risk factors.

    We may determine and/or adjust the number of points you can earn for each activity at our sole discretion. Your points earned will be reflected in the Rewards section of the Lexie App. There are limits to how many points you can earn for activities. The final points accumulated will be determined upon your completion of the program. Once the period is complete, you will be able to redeem the points via the App.

    28.8. Confidentiality

    We will treat all your personal information as private and confidential. Our Privacy and Cookies Policy will be applicable to the Lexie App and Rewards Program.

    Our Lexie Hearing Hub representatives will have access to your information for purposes of assisting you with any questions or concerns you may have and to report any feedback that you may have regarding your Lexie hearing aid(s), the App or the Lexie Rewards® program.

    We may be required to collect certain information about your use of the App, Rewards or other Lexie Platforms. This information will only be used to help improve our services, analyze trends and administer the Lexie App and other Lexie Platforms. Anonymized data may be used for improvement of products and/or research. Any feedback or information we may receive from you when completing our surveys, reviews or in-app activities or Rewards Program goals may be used in our marketing materials.

    If you do not agree with these Terms and Conditions, please do not provide us with any personal information and do not use the App or participate in the Lexie Rewards® program.

    We do not knowingly collect personal information from children.  Parents or guardians of children under the age of 18 years cannot agree to these Terms on their behalf. If we determine that any information has been collected contrary to the above, we will immediately remove and delete such information and any linked account from our database and Services.

    29. Walgreen Lexie SMS Short or Long Code Terms of Service

    When you opt-in to the Lexie Hearing SMS service, you authorize us, Lexie Hearing, to send you marketing messages using an automatic telephone dialing system and agree to these SMS Short or Long Code Terms of Service and the Lexie Hearing Terms and Conditions available at https://www.lexiehearing.com/us/terms-conditions.html. We will send you an SMS message to confirm your signup.

    This service is used to send you notifications and alerts about Lexie Hearing promotions exclusive to Walgreen Co. Lexie hearing aids are medical-grade hearing aids for 80% less.

    Message and data rates may apply for any messages sent to you from us and to us from you. Messages will be recurring and the frequency will vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

    You can cancel the Lexie Hearing SMS service at any time. Just text "STOP" to the (779) 212-7959. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed and you will no longer receive any further SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

    If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance. Lexie Hearing also offers customer support via email at support@lexiehearing.com or call (779) 212-7334. Message and data rates may apply.

    Carriers are not liable for delayed or undelivered messages. If you have any questions regarding privacy, please read our privacy policy: https://lexiehearing.com/us/privacy-policy.html.

    30. Lexie Hearing Social Sharing Terms And Conditions

    The Lexie Hearing Social Sharing Refer a Friend and Share a Photo Programs (collectively the “Social Sharing Programs”) and the associated Lexie Hearing website and application(s), available at https://www.lexiehearing.com (“Lexie Hearing Platforms”) are owned and operated by hearX USA Inc., a Delaware Corporation, doing business as Lexie Hearing ("us" "we" or "our").

    By in any way participating in these Social Sharing Programs, accepting and sharing your referral code, sharing a photo on social media or by signing up with a referral code, you are agreeing to be bound by these Lexie Hearing Social Sharing terms and conditions ("Social Sharing Terms"), the Lexie Hearing Privacy Policy (available at https://www.lexiehearing.com/us/privacy-policy.html.) and the Lexie Hearing Terms and Conditions (available at https://www.lexiehearing.com/us/terms-conditions.html).

    Any violation of these Social Sharing Terms could result in your exclusion from the Social Sharing Program and the forfeiture of any rewards earned through the Social Sharing Program or any other Lexie Hearing benefits, and even the deactivation of your account.

    30.1. Agreement

    By participating in any of our Social Sharing Programs you agree to be bound by these terms.
    To be eligible to participate in any of our Social Sharing Programs, you must:

  • be at least 18 (eighteen) years of age or older;
  • have the legal authority to enter into this agreement and to be bound to the promises, covenants, and other duties set forth herein;
  • We reserve the right to prohibit and/or terminate your participation in any of our Social Sharing Programs at any point in time, at our sole discretion, without prior notice.

    We further reserve the right to change, end or pause, in whole or in part, any Lexie Social Sharing Program or applicable rewards or incentives, as well as any person’s ability to participate in any Lexie Social Sharing Program or receive any benefits thereunder at any time for any reason, including suspected fraud (including by either the referrer and/or Invitee), abuse or any violation of these Terms and Conditions.

    The incentives and rewards applicable to the Lexie Hearing Social Sharing Programs are subject to change at our sole discretion. Incentives or rewards in the form of Lexie Rewards Points are not transferable and have no cash value.

    We make no claim that the operation of any the Lexie Social Sharing Programs and/or the Lexie Hearing Platforms will be error-free and we will not be liable for any interruptions or errors or any losses as a result thereof.

    We may modify, add to, or remove any of these Terms and Conditions at any point in time. Your continued participation in any of our Social Sharing Programs will indicate your agreement to the changes and your adherence to any modified Terms and Conditions.

    30.2. Lexie Refer a Friend Program

    When setting up and registering your account on the Lexie Rewards App, a unique Refer a Friend Code will be allocated to you.

    You will be able to share this unique code with friends or family using the Lexie Rewards App for them to use when purchasing Lexie Hearing accessories on the Lexie Hearing mobile application (Lexie App).

  • Each person that makes a purchase on the Lexie Hearing Website using your unique code (“Invitee”) will receive a $30.00 discount on their purchase; and
  • For each Invitee that makes such a purchase using your unique code, you will earn 2000 Lexie Rewards points, which will be allocated to your account once your Invitee’s 45-day trial period has lapsed and he/she has not returned their Lexie Lumen hearing aid devices or products.
  • Your Invitees can only be referred once, if they have successfully purchased from us before using someone else’s unique code, they will not be able to use your unique code and no points will be awarded for such a referral.

    You may only refer persons residing in the continental United States.

    Referral codes may only be used for personal and non-commercial purposes. You may only share your unique referral code with people you have met or know personally.

    You acknowledge that you are prohibited from, and accordingly agree that you will not:

  • Duplicate, sell or transfer your referral code in any manner or make it available to the general public (such as by printing it on any materials intended for distribution, posting it on a coupon website or any other website, including but not limited to, Amazon, eBay, Fiverr, Craigslist, RetailMeNot, Reddit, Wikipedia, Gumtree, Moneysavingexpert, Groupon, or using it in any way relating to paid social media or paid search);
  • Attempt to obtain Invitees by spamming, bulk emailing or sending large numbers of unsolicited emails to any person or entity. You should only refer persons that you have met, or know personally;
  • Use, display or manipulate the Lexie or Lexie Rewards logos, trademarks or any other of our intellectual property or copyright-protected works (“Lexie IP”) in any way;
  • Create or register any businesses, URLs, domain names, software application names or titles, or social media handles or profiles that display or include the word(s) "Lexie", “Lexie Hearing”, “Lexie Rewards” or any Lexie IP or any words that are confusingly similar to our Lexie IP;
  • Use any Lexie IP as your social media profile picture or wallpaper or use any of our copyright-protected works (such as graphics, photos, images, drawings and screenshots from the Lexie Hearing Platforms) without our express written permission;
  • Purchase keywords (including but not limited to Google AdWords) that contain any Lexie IP;
  • Use automated systems or bots through any channel to distribute, post or otherwise share your unique referral code;
  • Use scripts or programmed or automatic diallers to send invitations or otherwise share your unique referral code;
  • Make misleading claims about us, use offensive/abusive content, create fake websites/web pages/social media profiles/apps, misrepresent your connection to us, or otherwise make any false or misleading statements to get an Invitee to use your code; or
  • Use your referral code in any manner that violates applicable laws or the rights of any person.