Conditions of Use

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE”) FOR ANY PURPOSE. By using and navigating our site you consent to information practices outlined in our Privacy Policy and in our Terms and conditions of Use as set forth below. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. 

Your use of this site and the information available on this site is subject to the following Terms: 

Ownership
This site is owned and operated by OtoAccess A/S, a company owned by William Demant Holding. 

Territory
This site is intended solely for users located in a European country. 

Agreement
By using this site and our services, you agree to accept unconditionally our Terms and you unconditionally agree to be bound by these Terms. 

Terms and Conditions Updates or Changes
We reserve the right to change the Terms of this agreement or to modify any features of this site at any time. By registering as a member of this site and/or using this site after the posting of notices regarding such changes, you agree to be bound by such changes. 

Unsolicited Ideas
OtoAccess is eager to receive your comments and answer your questions about our products and our company. However, we are not seeking, nor can we accept, unsolicited ideas, suggestions or materials relating to the development, design, manufacture, or marketing of our products. By adhering to this policy, we hope to avoid subsequent misunderstandings among members of the public who submit comments or ideas relating to products or concepts developed by OtoAccess’s employees. 

Jurisdictional Limitations
The products referred to in this site are available in Europe and may not be available in your country. This site is controlled and operated by OtoAccess from Denmark, and OtoAccess makes no representation that the information and materials in this site, including, without limitation, the information and other materials promoting the products identified herein, are appropriate or available for use in other locations.

Restrictions on Site Use
This site is available only for, and you may use this site only for, your own personal, non-commercial, shopping, and information purposes. Copying, reproducing, posting, publishing, broadcasting, modification, distribution, or transmission in any way without the prior written consent of OtoAccess is strictly prohibited. OtoAccess reserves title and full intellectual property rights for materials downloaded or otherwise received from this site, subject to but not limited to the Copyright and Trademark Notice as set forth herein. 

Copyright and Trademark Notice
This site - including, but not limited to, text, photographs, graphics, video and audio content - is protected by copyright as a collective work or compilation under the copyright laws of Denmark and other countries. In addition, the manner in which we have compiled, arranged and assembled our content is protected by worldwide copyright laws and treaty provisions. WILLIAM DEMANT HOLDING AND OTOACCESS, as well as other names, button icons, text, graphics, logos, images, designs, titles, words or phrases, audio clips, page headers, trademarks, and service names used on this site are the trademarks, service marks, trade names or other protected intellectual property of William Demant Holding, OtoAccess or its affiliates. You may not use any of such materials for any purpose without the express written agreement of OtoAccess. All other brands and names are the property of their owners. All individual articles, content and other elements comprising this site are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this site. Just as OtoAccess requires users to respect our copyrights, and those of our affi liates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify OtoAccess by emailing us at support@otoaccess.com

No Improper Reproduction or Distribution
Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this site, except that you may download material from this site for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this site over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. You also may not delete or change any copyright or trademark notices.

User Content License
All communications and other materials (including, without limitation, unsolicited ideas, suggestions or materials) you send to this site or to OtoAccess by electronic mail are, and shall remain, the sole and exclusive property of OtoAccess and may be used by OtoAccess for any purpose whatsoever, commercial or otherwise, without compensation to you. If you are utilizing this site as a means of providing information to OtoAccess in furtherance of a vendor/vendee relationship, you represent and warrant that the material specifications and all other information which you provide is accurate and complete and that you shall promptly notify us whenever there is a modification or other change in any such information. 

Unauthorized Advertisement or Infringement
This site has been specially designed for presentation of content and creative works in a unique format and appearance to our users. We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our site. Neither you nor any third party shall make use of the site in any manner that constitutes an unauthorized advertisement or any other infringement of our rights, including copyright that has not been authorized by us. 

Links to Our Site
Hypertext linking to this site is permitted. However, OtoAccess reserves the right to disable any link to any site OtoAccess believes contains scandalous, offensive, obscene, scurrilous, or inappropriate content or that, in the sole opinion of OtoAccess, adversely affects the goodwill of OtoAccess or any trademark or service mark of OtoAccess or its affiliates. OtoAccess expressly reserves all available legal rights and remedies for any cause predicated on hypertext linking of this site from any other site. “Framing” or any other use of this site that serves to affect the identity of this site or the source of the content of this site is prohibited. 

Liability for Your Account
You are responsible for all statements made or materials posted under your account, including liability for harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under this agreement. Termination of Account OtoAccess may, in its sole discretion, terminate your account (or any part thereof) or your use of the site, and remove and discard any content at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by OtoAccess elsewhere on the site, (ii) conduct OtoAccess believes is harmful to other users or the business of OtoAccess, or (iii) failure to continue use of your account. OtoAccess will not be liable to you or any third party for any termination of your access to the site or discarding content. 

WARRANTY DISCLAIMERS

  1. PRICE AND AVAILABILITY CONTENT, AS WELL AS OTHER CONTENT CONTAINED IN THE SITE OR ACCESSIBLE THEREFROM, IS SUBJECT TO CHANGE WITHOUT NOTICE. OTOACCESS RESERVES THE RIGHT TO LIMIT QUANTITIES ON ALL ITEMS. EACH ADVERTISED ITEM MUST BE READILY AVAILABLE FOR SALE, UNLESS SPECIFICALLY NOTED ON THIS SITE WILL NOT ISSUE A “RAIN CHECK” OR PLACE A BACKORDER FOR ITEMS THAT ARE OUT OF STOCK.
  2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OTOACCESS AND ITS AFFILIATES, MEDICAL ADVISORS, SUPPLIERS, CONSULTANTS, OFFICERS, DIRECTORS AND EMPLOYEES (COLLECTIVELY THROUGHOUT, “OTOACCESS”) DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES, INFORMATION, AND/OR PRODUCTS CONTAINED ON THIS SITE, OR LINKED HERETO (COLLECTIVELY THROUGHOUT,“CONTENT”), EXPRESS, IMPLIED, OR STATUTORY. OTOACCESS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT (TEXT AND IMAGES) OF THIS SITE. THE CONTENT OF THIS SITE, THE SERVER THAT MAKES IT AVAILABLE, AND THE SERVICES AND PRODUCTS WE PROVIDE ON OUR SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SITE. WE DO NOT WARRANT THAT INFORMATION SERVICES, AND PRODUCTS CONTAINED IN THIS SITE WILL SATISFY YOUR REQUIREMENTS OR THAT THEY ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY TO OTOACCESS.
  3. THIS SITE IS OPERATED IN EUROPE AND OTOACCESS MAKES NO WARRANTY OR REPRESENTATION THAT CONTENT IS APPLICABLE OR APPROPRIATE FOR USE IN OTHER LOCATIONS.
  4. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS SITE OR AVAILABLE THOUGH LINKS IN THIS SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS SITE BUT ARE UNDER NO OBLIGATION TO DO SO. WE DO NOT GUARANTEE OR WARRANT THAT THIS SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SITE DO NOT CONTAIN VIRUSES, WORMS, SPYWARE OR OTHER FORMS OF CORRUPTIVE OR DESTRUCTIVE CODE OR FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER WEBSITES THAT MAY BE LINKED TO THIS SITE.
  5. IF YOU RELY ON THIS SITE AND ANY MATERIALS AVAILABLE THROUGH THIS SITE, YOU DO SO SOLELY AT YOUR OWN RISK. OTOACCESS EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED OR DELAYED COMPUTER TRANSMISSIONS AND/OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT SUCH USE IS AT YOUR SOLE RISK, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH THIS SITE. LIABILITY DISCLAIMER OTOACCESS AND ITS AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, DONORS, AGENTS AND LICENSORS ARE NOT LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, IN ANYWAY RELATED TO THIS SITE OR FOR ANY CLAIM, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS). LIABILITY IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM OTOACCESS IN THE APPLICABLE TRANSACTION, IF ANY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH THIS SITE OR ITS CONTENT (INCLUDING THESE TERMS), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION MAY NOT BE APPLICABLE TO YOU.
  6. INDEMNIFICATION: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS OTOACCESS, WILLIAM DEMANT HOLIDNG AND ITS AFFILIATES, AND THEIR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, DONORS, AGENTS, AND LICENSORS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT OR ANY OTHER TERMS OR NOTICES POSTED ON THIS SITE. OTOACCESS RESERVES THE RIGHT TO TAKE OVER THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS PARAGRAPH. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS IS REASONABLY REQUESTED BY US.

Entire Agreement
These Terms constitute the entire agreement between you and OtoAccess governing your use of this site. OtoAccess, in its sole discretion, reserves the right to (a) change these Terms, (b) monitor and remove postings, and (c) discontinue site availability at any time without notice. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use services of other parties affiliated with OtoAccess, third-party content, or third-party software.

Waiver and Severability
If any part of this agreement is ruled to be unenforceable, then such part shall be eliminated or limited to the minimum extent necessary. The remainder of the agreement, including any revised portion, shall remain and be in full force and effect. The failure of OtoAccess to exercise or enforce any Term will not constitute a waiver of such Term. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the site or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred. 

Arbitration
By using this site, you agree that OtoAccess, at its sole discretion, may require you to submit, and you hereby agree to submit, any disputes arising from the use of this site or these Terms, including disputes arising from or concerning their interpretation, application, violation, nullity, invalidity, non-performance, or termination, to final and binding arbitration under the International Rules of Arbitration, by one or more arbitrators appointed in accordance with said Rules. Such proceeding shall be governed by the laws of Denmark. Any award in an arbitration initiated under this section shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount, except that OtoAccess may seek and receive an injunction against you to enjoin you from engaging in any acts of breach of this agreement, as alleged by OtoAccess. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute. 

Governing Law
This agreement shall be governed by the laws of the European Union and Denmark. Any action to enforce this agreement shall be brought, at OtoAccess’s sole discretion, either through the Arbitration process as set forth herein or in the federal or state courts located in Copenhagen, Denmark. You hereby agree to personal jurisdiction by such courts and to waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Contacting Us
If at any time you would like to contact us with your views about our Terms and Conditions, you can do so at our contact page.

Questions or Comments?
Call us on +45 6371 3636, Mon-Thurs: 7.30 – 16.00 (UTC+01:00), Fri: 7.30 – 15.30 (UTC+01:00);or go to our contact page.
OtoAccess Privacy Policy © 2014 OtoAccess, Audiometer Allé 1, 5500 Middelfart, Denmark

All Rights Reserved.