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Terms of Service

Last Updated: November 14, 2022

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms of Service"), govern your access to and use of https://hiorka.ca and our applications, including any content, functionality, devices, products and services offered on or through the website and applications (the "Services"). The Services are maintained and operated by Orka Labs Inc. and its affiliates ("Orka", "We", "us").

THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION CLAUSE THAT REQUIRES YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION (NOT IN COURT). BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF SERVICE SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SERVICES OR ORDER ANY PRODUCTS FROM THE SERVICES.

These Terms of Service are subject to change by Orka without prior written notice, in our sole discretion. The latest version of these Terms of Service will be posted on this Service, and you should review these Terms of Service prior to using the Service or purchasing any product or service that is available through the Service. Your continued use of this Service after a posted change in these Terms of Service will constitute your acceptance of and agreement to such changes.

This Services is not designed to provide professional diagnosis or treatment services to you or any other individual. Any information obtained through this Service or from communications with Orka, including any online hearing test module and any email or telephone interactions with Orka personnel, is for informational purposes only. Orka is not a health care provider or covered entity under HIPAA. Orka is not liable or responsible for any advice, course of treatment, diagnosis or any other information or product you obtain through this Service. Never rely on information on this Services in place of seeking professional medical advice. Never disregard professional medical advice or delay in seeking it because of something you have read on this Services. You should also ask your physician or other health care provider to assist you in interpreting any information on this Services or on any linked websites, or in applying the information to your individual case. Information on this Services or on any linked websites should not be considered current, complete, or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. Orka does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any information provided on this Services is solely at your own risk.

The Services provides you with the ability to submit orders for products and services (“Order(s)”) and you may be asked to supply certain information relevant to your Order including, without limitation, your credit card or debit card number and expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD(S) OR DEBIT CARD(S) OR CHECKING ACCOUNTS OR OTHER PAYMENT METHOD(S) USED BY YOU IN CONNECTION WITH ANY TRANSACTION, AND THAT ALL INFORMATION PROVIDED IN ANY FINANCING APPLICATION IS TRUTHFUL AND CORRECT. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of Orders initiated by you or on your behalf. We may require verification of information prior to the acknowledgment or completion of any Order. We reserve the right to refuse or cancel any Order for any reason. An Order may not be fulfilled if you are located outside the Services’ authorized shipping area. Excluded territories may change at any time at our discretion.

You agree to pay all charges that may be incurred by you or on your behalf in connection with all Orders placed through the Services, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you are responsible for any applicable taxes in connection with your Order.

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

We describe our merchandise and include pictures and photographs on our Services, but sometimes the product varies slightly from the picture or description due to changes made by our manufacturers, and we are not liable for these nonmaterial changes. All descriptions, images, references, content, specifications, products, and prices of products described or depicted on the Services are subject to change at any time without notice. The inclusion of any products on this Services at a particular time does not guarantee that such products will be available.

In addition, the Services may include inaccuracies or errors including pricing errors. Orka reserves the right to correct any pricing errors on the Services and/or pending Orders made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending Order at the correct price or we will cancel your Order without penalty.

To place an Order, you must be over 18 years old, and entitled to purchase a hearing aid device.

We offer a free, three-week long Orka Free Try-On Program to sincerely collect user feedback by inviting you to try out Orka's hearing aids and care service for 21 days. You may sign up for the trial and test out our product and services at home over a three-week period (the “Try-On Period”), which is free of charge. For more information about the Orka Free Try-On Program, click here.

By submitting your Orka Free Try-On order, you authorize Orka to charge your card, and you agree to all other terms of the Orka Free Try-On Program explained on Orka Free Try-On Program under Sales and Refund Policy. To verify the availability of the card, we may charge $1(CAD) from the card you provide when placing your order, and it will be soon refunded back to your card once the verification is finished.

Please rest assured that we will not charge a full payment any time when you place your Try-On order or during the Try-On period unless you do not return the products after the Try-On ends.

If the hearing aids are not returned in time or returned damaged after the Try-On Period ends, we may charge your card for the full amount of the hearing aids including the charging case or the damaged/missing parts, depending upon the actual circumstance.

Currently, the Orka Free Try-On Program is only available in Canada and the Try-On spots are limited and subject to product availability.

You may not, under any circumstances, resell any products you purchase from or through Orka. You represent and warrant that you are buying products from the Services for your own personal use only, and not for resale or export. We reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale.

If you are unsatisfied with your purchase of a Orka device and/or accessory (“Device”), you have the option of returning the Device within forty-five (45) days after delivery. As long as the Device is in its original condition (unopened, in the case of an accessory) and has not been damaged or modified (including repaired without our prior written consent) in any way, we will credit back the purchase price to the account used at the time of purchase, less any expedited shipping if any.

Refunds are processed within approximately ten (10) business days of our confirmation of the eligibility of a refund. Your refund will be credited back to the same payment method used to make the original purchase on the Service. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED AS NON-RETURNABLE.

  1. Warranty Period

    The warranty period for all Orka products will be two(2) years from the date of purchase unless otherwise specified by Orka in writing.

  1. Limited Warranties

    Orka warrants to the original purchaser that the products shall be free from defects in materials and workmanship under normal use for the Warranty Period.

    If such a defect arises and a return authorization request is received by Orka within the applicable Warranty Period, Orka will, at its sole option and to the extent permitted by law, either (1) repair the defective product at no charge, using new or refurbished replacement parts, or (2) replace the defective product with a new product or refurbished product. To the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. Any repaired or replacement product will be warranted for the remainder of the original Warranty Period or ten (10) days, whichever is longer.

    To obtain the above warranty service, you must have a return authorization. Please contact Customer Support to know more details and get a return authorization.

  2. Exclusions

    These Limited Product Warranties do not apply to (a) product purchased from unauthorized distributors (including eBay), (b) product that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Orka, (c) damages caused by third parties (d) damages caused by accident, abuse, mishandling, flood, fire, earthquake or other external causes; (e) normal wear and tear or aging of the product; or (f) operating the product outside the permitted or intended normal uses or not in accordance with instructions provided by Orka.

The Services is provided for your personal use only. The Service is not intended for use by persons under the age of 18. Any other use of the Services requires the prior written consent of Orka.
The Services may not be used for purposes that are unlawful, in violation of any applicable laws or regulations or contrary to these Terms of Service. Furthermore, you shall not: (i) reverse engineer, disassemble, decompile, modify, or create derivative works of or based on the Services or any other part of (including any software contained in) the Services or other Orka products or services; (ii) license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services; (iii) upload, transmit or distribute any computer viruses, worms, malware or any other software intended to damage or alter any software, data, computer, device or communications network in connection with your use of or access to the Services; or (iv) remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) that may be contained in, or displayed in connection with, the Services.

Orka may enable you to post, upload, store, share, send, or display photos, images, video, audio, data, text, comments, and other information and content (“Your Content”) to and via the Services. You shall not engage in any behavior that is unlawful, harassing, abusive, threatening, pornographic, discriminatory, false, misleading, obscene, threatening, objectionable, infringing or injurious to others, and Your Content will not contain malicious software or computer viruses, commercial or political solicitations or slogans, or any forms of "spam."

By posting Your Content, you grant to Orka a worldwide, royalty-free, sublicensable, perpetual and irrevocable right to copy, use, reproduce, publish, display, distribute, modify, exploit and create derivate works of such content, subject to any applicable terms of our Privacy Policy.

Orka may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Services.

Orka is the owner of or otherwise licensed or authorized to use all parts of the Services, except as expressly set forth in these Terms of Service, no license is granted to you and no rights are conveyed by virtue of accessing or using the Services. All rights not expressly granted under these Terms of Service are reserved by Orka.

Neither Orka, nor any of our employees, may accept or consider any unsolicited ideas, including ideas for new or improved products or services, new marketing campaigns or product or service names. Please do not submit any such unsolicited ideas in any form to Orka or any of our employees.

If, despite our policy, you still submit an idea to us, then regardless of anything contained in your submission you agree that: (i) Orka shall have no obligation to review the submission; (ii) the submission and its contents shall automatically become the property of Orka, without any compensation to you; (iii) Orka may consider the submission and its contents to be non-confidential and non-proprietary; and (iv) Orka may redistribute or use (for commercial purposes or otherwise) the submission and its contents for any purpose and in any way, without any compensation to you. To the extent any such assignment is deemed unenforceable, you hereby grant Orka an irrevocable, perpetual, world-wide license to use the idea in any manner as Orka sees fit, without compensation to you.

This Services may contain links to other websites not maintained or operated by Orka. We encourage you to read the terms and conditions and privacy statements of each and every website that you visit. We are not responsible for the practices or the content of such other websites.
You may provide us with medical information, including an audiogram or an audiologist report. You represent that the medical information you provide us, was provided to you by a registered medical practitioner (preferably an audiologist) after appropriate testing.
The privacy of your personal information (including your medical information) is very important to us. For more information on our privacy practices, please read our Privacy Policy at Privacy Policy.
EXCEPT THE LIMITED PRODUCT WARRANTIES SET FORTH ABOVE, THE SERVICES, INCLUDING ALL OF ITS CONTENTS, ORKA PRODUCTS OR OTHER SERVICE, AND ANY OTHER INFORMATION, ACCESSIBLE FROM OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT: (I) THE INFORMATION AVAILABLE ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, CURRENT OR FREE OF ERRORS; (II) THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED; OR (IV) THE SITES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ORKA (INCLUDING ITS AFFILIATES), ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ORKA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ORKA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO ORKA FOR USE OF THE SERVICE OR ONE HUNDRED DOLLARS ($100 CAD), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ORKA, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ORKA AND YOU.

You will indemnify and hold harmless Orka and its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Services, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms of Service, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
The failure of Orka to partially or fully exercise any rights or remedies or the waiver of Orka of any breach of these Terms of Service by you shall not prevent a subsequent exercise of such right by Orka or be deemed a waiver by Orka of any subsequent breach by you of the same or any other term of these Terms of Service. The rights and remedies of Orka under these Terms of Service and any other applicable agreement between you and Orka shall be cumulative, and the exercise of any such right or remedy shall not limit Orka’s right to exercise any other right or remedy.
Orka respects the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Services. Please see our Copyright/DMCA Policy at Copyright/DMCA Policy for more details.
All rights in the Orka company name or its products' names, its service marks, trademarks, logos and product designs and packaging, belong exclusively to Orka. You may not use or display any of the foregoing without Orka's prior written consent.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Service, for any failure or delay in our performance to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

PLEASE REVIEW THE FOLLOWING SECTION CAREFULLY AS THIS AFFECTS YOUR LEGAL RIGHTS).

You agree that any dispute, claims or controversies between you and Orka arising out of or relating to these Terms of Service, the Services, or any other Orka products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

Any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principle. YOU HEREBY EXPRESSLY CONSENT TO BINDING ARBITRATION BEFORE ONE ARBITRATOR, TO BE ADMINISTERED BY JAMS LOCATED IN SAN FRANCISCO, CALIFORNIA FOR ALL DISPUTES. YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST ORKA, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.