Terms and Conditions

1.    Acceptance of Terms of Use and any Revisions Thereto
This website is operated by Canadian Hearing Services (CHS). The terms “we”, “us”, and “our” refer to Canadian Hearing Services and to CHS, as both may be applied when referring to this organization. The use of the CHS website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by the user with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of the CHS website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content via CHS social media. When accessing and using this website, the user accepts and agrees to be bound by and comply with the Terms of Use and the CHS Privacy Policy. 
CHS may, at any time, without notice or liability, revise these Terms by updating this posting. The user should periodically revisit this posting to review any revisions to these Terms. If any revision is not acceptable to the user, the user must cease accessing and using the CHS website. If the user continues to access or use the CHS website after any revisions are posted, the user will be deemed to have accepted those revisions.

2.    Use of the CHS Website
The user agrees to use the CHS website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, the user represents and warrants that the user is at least the age of majority in his/her state or province of residence or has appropriate permission.
The user agrees to not use the CHS website to conduct any activity that would constitute a civil or criminal offence or violate any law. The user also agrees not to attempt to interfere with the CHS website’s network or security features or to gain unauthorized access to the CHS systems.
The user agrees to provide us with accurate personal information, such as email address, mailing address and other contact details in order to complete an order or to have CHS contact the user as needed. The user agrees to promptly update his/her account and information. The user authorizes CHS to collect and use this information to contact the user in accordance with the CHS Privacy Policy.

3.     Intellectual Property Rights
The CHS website is owned and operated by CHS. The CHS website and all the information, profiles, opinions, messages, comments and any other content (the “Content”) are, and at all times remain, the property of CHS, and are protected by Canadian intellectual property laws. The user agrees to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content. 
Certain names, graphics, logos, icons, designs, words, titles and phrases on the CHS website constitute trademarks (whether registered or unregistered), trade names or other intellectual property of CHS. Use of any of the Content, without the prior written consent of CHS, is strictly prohibited.

4.    Third Party Websites and Content Linked to the Website
The CHS website may contain links to third party websites or content posted on third party websites. CHS provides the links only as a convenience to help the user identify and locate other resources that may be of interest.
The user acknowledges that in providing the links, CHS:

  • does not endorse any third-party website or content accessible via the links;
  • does not act as an editor, publisher or disseminator of any content accessible via the links and does not control or monitor any third-party website or content;
  • does not make any representation or warranty of any kind regarding the links;
  • is not responsible for the accuracy, relevancy, completeness, timeliness or legality of any content accessible via the links; and
  • is not responsible for any loss or damage of any kind incurred as a result of, or in connection with, your use of any of the links.

The user agrees that she/he is solely responsible for:

  • taking all protective measures to guard against viruses and other destructive elements;
  • abiding by the terms of use and the privacy policies posted at the third-party websites; and
  • evaluating the content accessible via the Links and bearing all risks associated with your use of, and reliance on, any such content.

5.    Links to the CHS Website on Third Party Websites
If the user wishes to include a link to the CHS website on his/her website (the “third party link”), the user must:

  • provide CHS with prior written notice describing the nature of his/her website and the proposed appearance and location of the third-party link; and
  • obtain the prior written consent of CHS to establish the third-party link and abide by any terms and conditions required by CHS as part of its consent.

6.    Products or Services 
All purchases through the CHS website are subject to product availability. CHS may, at its sole discretion, limit or cancel the quantities offered on the CHS website or limit the sales of CHS products or services to any person, household, geographic region or jurisdiction.
Prices for CHS products are subject to change, without notice. Unless otherwise indicated, prices displayed on the CHS website are quoted in Canadian dollars.
CHS reserves the right, at its sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If CHS believes that the purchaser has made a false or fraudulent order, CHS will be entitled to cancel the order and inform the relevant authorities.

7.    Registration, Account and Password
Access to certain Content on the CHS website may require registration or subscription. Should the user choose to register or subscribe for any such Content, the user agrees to provide accurate and current information about themself as required by the relevant registration or subscription process and to promptly update such information as necessary to ensure that it is kept accurate and complete.
The user agrees to be responsible for maintaining the confidentiality of any passwords or other account identifiers which he/she choose or are assigned as a result of any registration or subscription process. The user also agrees to be responsible for all activities that occur under his/her account and password.
The user further agrees to notify CHS of any unauthorized use of his/her password or account.

8.    Use Comments, Feedback, and Other Submissions
The user acknowledges that he/she is responsible for comments, feedback and other submissions that he/she posts, distributes or shares on or through the CHS website or services available in connection with the CHS website. The user further acknowledges that he/she has full responsibility for the comments, feedback and other submissions, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.
The user agrees that any comments, feedback and other submissions provided by the user in response to a request by CHS for a specific submission may be edited, adapted, modified, recreated, published, or distributed by CHS. 
The user agrees that he/she will not post, distribute or share any comments, feedback and other submissions on the CHS website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. The user further agrees that his/her comments, feedback and other submissions will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect the CHS website’s operations. The user will be solely liable for any comments, feedback and other submissions that he/she may make and its accuracy. CHS shall have no responsibility, and assume no liability, for any comments, feedback and other submissions posted by the user or any third-party.
CHS reserves the right to terminate the user’s ability to post on the CHS website and to remove and/or delete any comments, feedback and other submissions that CHS may deem as objectionable. The user therefore consents to such removal and/or deletion and waives any claim against CHS for the removal and/or deletion of his/her comments, feedback and other submissions.

9.    Users Personal Information
Any of the personal information that CHS collects via its website is subject to the CHS Privacy Policy. Please see the CHS Privacy Policy to learn how CHS collects, uses, and shares a user’s personal information.

10.    Errors and Omissions
Please note that the CHS website may contain typographical errors or inaccuracies and may not be complete or current. CHS reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product or service description, pricing, promotion and availability and CHS reserves the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
CHS does not undertake to update, modify or clarify information on its website, except as required by law.

11.    Medical Advice
Nothing in this website is not intended to be, or is, medical or personal advice.

12.    Disclaimer and Limitation of Liability
The user assumes all responsibility and risk with respect to usage of the CHS website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via the CHS website, including without limitation, all content and materials, and functions and services provided on the CHS website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. CHS does not warrant that its website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that the CHS websites or the servers that make the CHS  website available are free of viruses or other harmful components.
In no event will CHS, or its affiliates, content or service providers, or any of its respective directors, officers, agents, contractors, suppliers or employees be liable to the user for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from use of, or the inability to use, or the performance of, the CHS website or the content or material or functionality through the CHS website, even if CHS is advised of the possibility of such damages.

13.    Indemnification 
The user agrees to defend and indemnify CHS, and hold CHS and its affiliates harmless, and its and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with use of the CHS website, the user’s violation of the Terms, or the posting or transmission of any materials on or through the CHS website by the user, including but not limited to, any third party claim that any information or materials provided by the user infringe upon any third party proprietary rights.

14.    Use of Cookies
CHS may use cookies to personalize interactions with the CHS website. The user does not have to accept CHS cookies and may set his/her browser to restrict their use and may delete them after they have been placed on the user’s computer or mobile devices. If the user does not accept (or delete) cookies the user may find that some areas of the CHS website may take more time to work or may not function properly. Before using the CHS website, the user is advised to check his/her current browser settings to ensure that the settings reflect the user’s consent to Canadian Hearing Services to place cookies on the user’s devices.
CHS may also collect additional information from the user’s web browsers each time the user visits the CHS website. CHS may collect information about the pages visited and the time spent on each web page or area of the CHS website, and other actions that the user may take while using the CHS website. This information may include the user’s Internet Protocol (“IP”) address, the type of browser, the time that the user’s browser was used to access the CHS website, and the referring website’s address.
Internet service providers may also use other standard web-based technologies to analyze the user’s movements while accessing the CHS website. These technologies help CHS determine the effectiveness of product and service campaigns, allow CHS to customize the services offered on the CHS website, and help determine the best use for website content, and product and service offerings. Some of this information, including the IP address, may be stored on CHS’ Internet service provider’s server logs for extended periods of time.

15.    Entire Agreement
The Terms and any documents expressly referred to in them represent the entire agreement between the user and CHS in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between the user and CHS, whether oral or in writing. Both the user and CHS acknowledge that, in entering into these Terms, neither the user nor CHS have relied on any representation, undertaking or promise given by the other or implied from anything said or written between the user and CHS prior to such Terms, except as expressly stated in the Terms.

16.    Waiver
CHS’ failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by CHS of any default will not constitute a waiver of any subsequent default. No waiver by CHS is effective unless it is communicated to the user in writing.

17.    Severability
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

18.    Governing Law
Any disputes arising out of or relating to the Terms, the Privacy Policy, use of the CHS website, or CHS products or services offered on the CHS website will be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or the user’s access to or use of the CHS website must be brought before the courts of the Province of Ontario in the City of Toronto, Ontario and the user irrevocably consent to the exclusive jurisdiction and venue of such courts.

19.    Questions or Concerns
Any communications to CHS regarding these Terms and/or the CHS website, may be sent to: info@chs.ca.