Lexie terms and conditions

You must not make use of our “Service(s)” (website, hearing library,hearing test, Lexie App, subscription, or the Lexie Rewards Program),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.

You are advised that the Food and Drug Administration (FDA) has determined that it is in your best health interest to have a medical evaluation by a physician, preferably one specializing in diseases of the ear, before purchasing a hearing aid. Licensed physicians who specialize in diseases of the ear are often referred to asotolaryngologists, otologists or otorhinolaryngologists.

However, if you are 18 years or older, you can choose to sign a waiver statement declining the above medical evaluation. Again, 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 purchase a hearing aid or subscription from us, you warrant that you are 18 years of age or older and that you do not wish to have a medical evaluation before receiving a hearing aid.

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. 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. Once payment is made for the 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. When you click to make a purchase with us 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. 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. Once payment is made for the purchase, it is deemed that you have read and understood the Terms and Conditions for such purchase. If you have any queries, please contact us before making any purchase for any service or product through this website.

1. AGREEMENT AND JURISDICTION

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

1.2 These Terms and Conditions (Terms) form the basis of the legal relationship between you (product user, subscriber, website browser, one who procures or makes contact or a purchase or signs up for a subscription) and us under which we agree to provide you with our equipment, services, software, subscription, online hearing test, Lexie Hearing applications, hardware, tools, website, know how, hearing library or content (the “Services”).

1.3 These Terms create an agreement between you, the user, and us for the Services. They will become binding on you when you elect to utilize our Services.

1.4 These Terms 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 your claim against us.

1.5 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.

1.6 Any waiver contained in these Terms shall not constitute a further or continuing waiver of such Term or any other Term.

2. LIMITATIONS TO USE OF SITE

2.1 This website (hereafter read to include the “Lexie Hearing” 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.

2.2 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 the Privacy Policy contained on this page.

2.3 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 laws.

2.4 We reserve the right to:

2.4.1 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

2.4.2 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.

2.4.3 We will use our reasonable endeavors to maintain the website. We however 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

3.1 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.

3.2 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.

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

3.4 You accept responsibility for any fees, charges, duties, or taxes that may arise from the use of this website or the Services.

3.5 Your Account Information and certain other information about you is governed by and subject to our Privacy Policy.

4. ACCURACY OF INFORMATION

4.1 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.

4.2 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.

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

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

4.5 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.

4.6 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 of your misrepresentation while using our Service.

5. LIMITATION OF LIABILITY

5.1 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.

5.2 Notwithstanding Section 5.1 above, nothing in these Terms shall limit or exclude our liability for:

5.2.1 death or personal injury caused by our negligence;

5.2.2 fraud or fraudulent misrepresentation; or

5.2.3 for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.

5.3 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.

5.4 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.

6. MEDICAL ADVICE

6.1 Warning To Hearing Aid Users:

Please note that we are not a health care provider. Be advised that you should consult promptly with a licensed physician (preferably an ear specialist) before wearing a hearing aid if you have any of the following conditions:

6.1.1 Visible congenital or traumatic deformity of the ear.

6.1.2 History of active drainage from the ear within the previous 90 days.

6.1.3 History of sudden or rapidly progressive hearing loss within the previous 90 days.

6.1.4 Acute or chronic dizziness.

6.1.5 Unilateral hearing loss of sudden or recent onset within the previous 90 days.

6.1.6 Audiometric air-bone gap equal to or greater than 15 decibels at 500 hertz (Hz), 1,000 Hz, and 2,000 Hz.

6.1.7 Visible evidence of significant cerumen accumulation or a foreign body in the ear canal.

6.1.8 Pain or discomfort in the ear. Special care should be exercised in selecting and fitting a hearing aid whose maximum sound pressure level exceeds 132 decibels because there may be risk of impairing the remaining hearing of the hearing aid user.

6.2 Children With Hearing Loss:

In addition to seeing a physician for a medical evaluation, a child with a hearing loss should be directed to an audiologist for evaluation and rehabilitation since hearing loss may cause problems in language development and the educational and social growth of a child. An audiologist is qualified by training and experience to assist in the evaluation and rehabilitation of a child with hearing loss. We do not sell hearing aids to children.

6.3 We reiterate that the Food and Drug Administration (FDA) has determined that it is in your best health interest to have a medical evaluation by a physician, preferably one specializing in diseases of the ear, before purchasing a hearing aid. When you Subscribe or purchase a hearing aid from us, you warrant that you are 18 years of age or older and that you do not wish to have a medical evaluation before purchasing a hearing aid.

7. 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.

8. The information and Services supplied by us are not a substitute for a visit to a medical professional, and you are advised that you should consult a physician or healthcare professional before making any medical decisions. 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.

9. COPYRIGHTS AND TRADEMARKS

9.1 All content of this website is the property of the hearX USA, a Delaware Corporation.

9.2 All copyrights, trademarks, trade names, logos and service marks (“the logos”), including Lexie Hearing, 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. The user is not permitted to use these marks without prior written consent from the owner thereof.

9.3 Any Third-party trademarks appearing on this website are the property of their respective owners.

10. CONTACT DETAILS

hearX USA can be contacted through the following channels:

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

Phone:
(779) 212 - 7334

Email:
support@lexiehearing.com

11. 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.

12. PRIVACY POLICY

Use of this website and/or the Services is governed by our Privacy Policy.

13. COOKIES

13.1 Our website uses cookies. A cookie is a small file of letters and numbers that we put on your computer if you agree. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For more information on how we use these technologies, please see our Privacy Policy.

13.2 We use anonymous and “analytical” cookies. These allow us to recognize and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our website works, for example by ensuring that users are finding what they are looking for easily.

13.3 Please note, we are not responsible for the use of cookies by other websites that are accessed through us.

14. ONLINE HEARING ASSESSMENT

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

15. PURCHASE OPTIONS

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

15.1 Outright purchase using your credit card;

15.2 Apply for financing for a once-off purchase through our third party finance service provider, Bread® (service discontinued);

15.3 Purchase an all inclusive Subscription (only applicable to Lexie Duo hearing aids)

16. FINANCING

16.1 Financing options for the payment of your Lexie hearing aid are provided by our third party finance service provider, Bread®. Any financing agreement for such payment would be directly with Bread®, subject to their approval and Terms and Conditions.

16.2 You can choose to pay for your Lexie hearing aids over a 12 or 24 month period. The term is for a loan to finance a purchase. Bread® loans are made by Cross River Bank, a New Jersey Chartered Bank, Member FDIC.

16.3 The Annual Percentage Rate or APR is the cost of credit at a yearly rate. You may be offered an APR that ranges from 0% to 29.99%*, depending on your individual creditworthiness.

16.4 Rates range from 0% to 29.99% APR, resulting in, for example, 12 equal monthly payments of $83.33 at 0% APR or 24 equal monthly payments of $45.22 to $55.91 at 7.99% to 29.99% APR, per $1,000 borrowed. Your terms may vary and are subject to credit approval.

16.5 Your monthly payments will be affected by the Annual Percentage Rate (APR), which will be based on your creditworthiness and determined through Bread financing. Payments can be made via your bank account, personal debit card, or a mailed check. You can also set up automatic bill pay with your issuing bank.

17. TERMS AND CONDITIONS FOR REDEEMING OF COUPONS

17.1 Lexie Subscription services use a subscription management service, which requires you to have a valid and active credit card in order to access the services.

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

17.3 We reserve the right to terminate or suspend your access to the Services and/or Subscription, 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.

17.4 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.

17.5 You are required to supply valid information for any Subscription. Any inaccurate or invalid information provided may result in delays processing your Subscription.

17.6 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.

17.7 The Subscription service will only be available for the Lexie Lumen Duo hearing aid devices and accessories.

17.8 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, your account and subscription will be deactivated. We reserve the right to disable your hearing aids and disable your access to the Services in the event of non-payment of the subscription fees.

17.9 We reserve the right to change the terms of the Subscription and the Subscription fee from time to time.

17.10 The 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. 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.

17.11 Your Subscription will be automatically extended for successive monthly renewal periods. You may terminate your Subscription at any time by contacting us. 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.

17.12 We may collect your Subscription payments from you directly or use a third-party payment partner, Stripe, (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.

17.13 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.

17.14 What is included in your Subscription:

17.14.1 Upgrades: Your device will be upgraded every two (2) years, to ensure that you have access to the most relevant technology and functionality available. You will be supplied with new devices; and your old devices will need to be returned to Lexie Hearing.

17.14.2 Care kits: Supplied after your 45 day trial period and then every subsequent 6 months until subscription is terminated. Within reason, an earlier replenishment can be arranged by contacting our Experts on (799) 212 - 7334. Accessories supplied are enough to last 6 months. Accessories may not be used for any other hearing aid or any other purpose. Abuse of these supplies is a violation of these terms.

17.14.3 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.

17.14.4 Lexie Cover: Risk insurance that covers breakages and losses. There is a $120 replacement fee for every hearing aid in the case of loss or theft. If your hearing aids get damaged, you can send us your hearing aids and we’ll repair them, at no cost to you.

17.14.5 Free shipping of your hearing aid devices and maintenance kits.

17.14.6 Lexie Rewards: A proprietary program to reward you for wearing your hearing aids and interacting with us.

17.15 No credit checks will apply to Subscription orders.

17.16 17.16. You may cancel your Subscription at any time, but will be required to return the hearing aid devices and accessories to us in accordance with our Returns Policy.

18. TERMS AND CONDITIONS FOR REDEEMING OF COUPONS (does not apply to Subscriptions)

18.1 Discount Coupons will only be issued to registered users, 18 years of age or older.

18.2 A maximum of one coupon is allowed per order.

18.3 The coupon code, expiry date and discount applicable to the coupon will be detailed on each coupon.

18.4 Coupons have no cash value and are non-refundable and cannot be exchanged either fully or in part for cash of any amount.

18.5 The coupon is redeemable in its entirety in a single transaction only and may not be redeemed incrementally.

18.6 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.

18.7 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.

18.8 A coupon cannot be combined with other offers.

18.9 A coupon is not valid on past purchases and cannot be used or claimed retroactively.

18.10 This coupon is void in territories where issue or use thereof is prohibited.

18.11 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.

18.12 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.

18.13 hearX reserves 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.

18.14 Use of automated devices or programs for coupon redemption is prohibited.

18.15 How to use your coupon:

18.15.1 Add an item to the shopping cart.

18.15.2 Look for the text link that allows for the addition of a coupon code on the checkout page above the payment breakdown.

18.15.3 Enter your code into the box and press 'submit'. Be sure to check that the coupon was redeemed before continuing.

LEXIE warranty program (does not apply to Subscriptions)

Warranty Period:

Your Lexie hearing aid is covered under warranty for defects in materials and workmanship (excluding general wear and tear on slim tubes, domes and retention wires) for 12 (twelve) months from the date of once-off purchase, which can be extended by a further 12 (twelve) months by purchasing the Lexie Warranty Extension for $40,00. 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. 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. Device loss or damage caused by the user is not covered under warranty.

The Lexie Subscription includes that your devices are covered for damage and repairs. So if we determine that your Lexie hearing aid is faulty due to parts, materials or workmanship we will repair or replace it, under your valid Lexie Subscription, at no cost to you. Return shipping will be for your own account.

Repairs and Replacements:

If your Lexie hearing aid needs to be repaired or replaced during the warranty period, 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 cost. 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 whether you qualify for a replacement device. If it is determined that you do qualify for a replacement, we will send your replacement Lexie hearing aid within 2 weeks thereafter.

Out of Warranty Repairs: (does not apply to Subscriptions)

We will accept any Lexie hearing aid or accessory for repair/ service for a period of five (5) years after the date of purchase. Servicing 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.

Please contact us for out of warranty repairs.

Repairs and Replacements applicable to 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 cost. 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 once-off replacement fee of $120 per hearing aid will apply for lost hearing aids

Returns and Refund Policy applicable to all purchases including Subscriptions:

We recommend that you use your Lexie hearing aid for a trial period of 21 days 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 shipping costs and any discounts or coupons, if applicable, 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.

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. 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 us at any time before, but no later than 5pm (ET) on the 45th day after receipt.
Once you have successfully logged your return as aforesaid, we will issue you with a returns authorization number (“RMA 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. The RMA number MUST be included on the return package.
You will only be refunded once for each type of hearing aid you wish to return, and it may not be returned for credit.

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 cancelled 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.

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 RMA 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.

SHIPPING

We only sell from this online store into the continental United States. We offer free shipping throughout the continental United States. You may opt-in for express shipping during the checkout process at your own cost.

LEXIE REWARDS TERMS AND CONDITIONS:

By opting into the Lexie Rewards program using the Lexie Rewards App it is deemed that you have read, understood, agree 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 all the Terms and Conditions set out below. If you have any queries, please contact us before opting in or using the Lexie Rewards program within the App.

1. AGREEMENT AND JURISDICTION

1.1 Lexie Hearing (“we”, “us”, “our”, “Lexie”, “Lexie Hearing”) a brand of hearX USA Incorporated, a Delaware Corporation, is the administrator of the Lexie Rewards Program.

1.2 These Terms and Conditions (Terms) form the basis of the legal relationship between you (product user, program participant, one who procures or makes contact) and us under which we agree to provide you with our equipment, services, software, hardware, tools, mobile application, know how or content (the Services).

1.3 These Terms create an agreement between you, the user, and us for the Services. They will become binding on you when you elect to opt in or utilize any of our Services.

1.4 These Terms will be exclusively governed by and construed in accordance with the laws of the State of Delaware, whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions. 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 your claim against us.

1.5 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.

1.6 Any waiver contained in these Terms shall not constitute a further or continuing waiver of such Term or any other Term.

2. LEXIE REWARDS PROGRAM:

2.1 Lexie Rewards is a 45-day rewards program that gives you the opportunity to earn points to enable you to redeem such points for specified rewards, including but not limited to:

2.1.1 Consumables like batteries or domes, tips and tubes; or

2.1.2 Accessories as and when available in the Lexie store;

2.1.3 Other considerations, like discounts on monthly subscriptions or so forth.

2.1.4 Any other rewards that may be made available to you from time to time,
when you reach your goals.
The above options may be changed, deleted or added to at Lexie Hearing’s sole discretion.

2.2 Lexie Rewards points can only be applied to the purchase price of eligible products only, or to redemption of another reward as presented to you, and carry no cash value and as such, may not be redeemed for cash.

2.3 Earn points when you wear your hearing aids, perform everyday tasks with your hearing aids and on your Lexie App, and give us feedback that will help us to help you.

2.4 Lexie Rewards is free to all Lexie users and is available through the Lexie App.

2.5 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.

2.6 Points can be earned by completing Wearing and Activity goals 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.

2.7 You need to opt in for Lexie Rewards within 30 days of creating your App profile, failing which you will not be able to opt into the program or earn any points or rewards.

2.8 Accumulated points may only be redeemed at the end of the assigned Rewards Program period.

2.9 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.

2.10 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 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 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 often.

2.11 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.

2.12 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.

3. WEARING GOALS:

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

3.2 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.

3.3 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.

3.4 The Lexie Rewards program 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.

3.5 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 Lexie 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.

3.6 Lexie Hearing cannot be held liable for your failure to synchronize your wearing goals.

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

4. ACTIVITY GOALS:

4.1 Activity goals 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.

4.2 The activities listed on the App each have a specific points value, which will be awarded to you upon completion of the activity and will be calculated weekly. Activities goal points are assigned on a ‘per activity’ basis, so you will receive the points allocated in the activity on successful completion of said activity.

4.3 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.

4.4 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.

5. DISCLAIMER:

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

5.2 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, participation in, and/or information received through the Lexie Rewards program, App or any Lexie software or website (the “platform(s)”) is not intended to be a substitute for professional medical advice, diagnosis or treatment.

5.3 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.

5.4 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.

5.5 The content and communication on the Lexie platform 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.

5.6 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.

5.7 We cannot guarantee the availability, accessibility, accuracy, or proper functioning of the Lexie Rewards application 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.

5.8 No warranty is made that Lexie software’s functionality or services will be uninterrupted or error-free.

6. USE OF LEXIE REWARDS PROGRAM AND APPLICATION:

6.1 Our standard terms and conditions will apply at all times.

6.2 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.

6.3 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.

6.4 These terms and conditions are governed by the laws of the State of Delaware.

6.5 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.

6.6 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 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.

6.7 The Lexie Rewards program, the App and associated software is intended for your personal, noncommercial use.

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

6.9 By purchasing a Lexie hearing aid 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 Lexie Rewards program and to access, view and interact with the Lexie Rewards program content. This license is provided solely for your personal, noncommercial use of the Lexie Rewards program, as permitted in these Terms.

6.10 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.

6.11 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:

6.11.1 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;

6.11.2 use our name, trademark or logo, or any of our proprietary information without our prior express written consent;

6.11.3 access or tamper with our computer systems, or the technical delivery systems of our providers;

6.11.4 test the vulnerability of our system or breach any security or authentication measures;

6.11.5 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;

6.11.6 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

6.11.7 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.

7. TELEPHONE CONSUMER PROTECTION ACT (TCPA):

7.1 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 any cash or financing 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.

7.2 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)).

7.3 TELEPHONE CONSUMER PROTECTION ACT (TCPA) OPT IN CONSENT FORM

7.3.1 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.

7.3.2 Lexie Hearing will NOT use your personal information (including cell phone and landline numbers) for notifications other than stated above and will NOT provide your information to any outside sources for solicitation or marketing purposes.

7.3.3 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.

7.3.4 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.

7.3.5 You may opt-out and withdraw your permission at any time by contacting Lexie Hearing. Please note that by opting-out and withdrawing your permission, your Subscription may be cancelled 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.

7.3.6 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.

8. LEXIE REWARDS BENEFITS AND DISCOUNTS:

8.1 We may, at our sole discretion, terminate, cancel, amend, adjust or vary the Lexie Rewards benefits and point allocation.

8.2 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.

8.3 The Lexie Rewards points earned are applicable and connected to the serial number of your Lexie hearing aid.

8.4 Lexie Rewards points are earned by completing the specified goals.

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

8.6 The Lexie Rewards program is divided into 7-day cycles, that are not tied to a specific day-of-the-week. The goals reached or completed will be reviewed at the end of each seven-day cycle (“week”) and will determine the goals for the following week. The first week will start on the day you opt-in for the Rewards Program.

8.7 Allocated Lexie Rewards points available on goals will differ depending on whether you purchased one or two Lexie Hearing aids.

8.8 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.

8.9 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.

8.10 We will not be held liable for any bank charges and/or fees incurred for refunds.

8.11 Users may not transfer rights to rewards or benefits to another person or use these rights as security for any debt.

8.12 The Rewards Program will commence on the day you opt into the Rewards program. If you do not opt into the Rewards Program within 30 days of creating your profile on the App, you will no longer be eligible to earn points on any activities or goals. You may join Lexie Rewards at any time during the 30-day period. Your final points allocation will be calculated at the end of the Rewards period.

8.13 Discount coupons may only apply to hearing aids, not accessories.

8.14 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.

8.15 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.

8.16 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.

8.17 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.

8.18 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).

8.19 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.

8.20 You are responsible for the safekeeping and proper use of your Lexie hearing aid.

8.21 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.

9. HOW YOUR POINTS IN LEXIE REWARDS WILL BE ACCUMULATED:

9.1 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 (Financing, Subscription or Once Off purchase), the relevant purchase price or subscription value, minus any discounts, coupons, accessories, add-on services or shipping.

9.2 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.

9.3 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.

9.4 The number of points you may earn will depend on different factors such as:

9.4.1 The activity you are doing.

9.4.2 Your health goals and risk factors.

9.5 We may determine and/or adjust the number of points you can earn for each activity at our sole discretion.

9.6 Your points earned will be reflected in the Rewards section of the Lexie App.

9.7 There are limits to how many points you can earn for activities.

9.8 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.

10. CONFIDENTIALITY:

10.1 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.

10.2 Nothing about your personal information will be disclosed to anyone unless:

10.2.1 We are legally compelled to do so;

10.2.2 It is required in terms of operating the Lexie App or Rewards program;

10.2.3 It is in the public interest to do so; and/or

10.2.4 The disclosure is made at your request, with your written consent.

10.3 You expressly consent that we may track and monitor your usage of the Lexie App, your Lexie hearing aid(s) and your participation in the Lexie Rewards program.

10.4 You hereby agree that we may share your personal information with our third-party service providers, Bread, if you elect to purchase the device using financing. Bread are legally required and bound to treat your personal information as confidential and will only process such information for lawful purposes.

10.5 You further agree that we may contact you during your participation in the Lexie Rewards program, or your use of the hearing aids or the Lexie App, to assess your use of and satisfaction with the program, our service, and the hearing aids.

11. HOW YOUR INFORMATION WILL BE USED:

11.1 We are committed to protecting your privacy. The information collected from you through the Lexie App or other Lexie Platforms will be used to personally identify you for your participation in the Lexie Rewards program or your use of the Lexie App.

11.2 Your information will not be used for anything other than that which is stated in these Terms and Conditions and within the Privacy Policy. None of your information will be sold or made available to any third party not expressly provided for in these Terms and Conditions.

11.3 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.

11.4 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.

11.5 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.

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

11.7 Your contact information and any information necessary, when purchasing products or services from us, by which you can be personally identified (name, email address, shipping address and financial information for billing purposes) is collected and used to fill your orders and reply to any of your correspondence.

11.8 Your contact and profile information entered when creating a profile in the App or accessing services from us, by which you can be personally identified (name, email address, year of birth, gender, phone number, shipping address and financial information for billing purposes) is collected and used to fill your orders and reply to any of your correspondence, or initiate contact with you in line with the Rewards Program Terms or the Privacy Policy.

11.9 We use several security procedures to protect your personal information and data from unauthorized access or disclosure and to ensure compliance with data protection standards.

11.10 Although our data protection security procedures comply with data protection standards, you agree that any information provided to us is done so at your own risk.

11.11 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 from our database.

12. LIABILITY:

12.1 To the maximum extent permitted by applicable law, Lexie Hearing and 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.

12.2 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.

12.3 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:

12.3.1 your use or misuse of the Lexie platforms; and/or

12.3.2 your use or misuse of equipment or programs created or licensed by us; and/or

12.3.3 any delay or inability to use benefits associated with any Lexie platforms; and/or

12.3.4 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.

13. 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.

USER CONSENT:

By continuing, by taking an online hearing test, filling out a contact or newsletter form, purchasing a product, 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 and Lexie Hearing and their representatives 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.

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