This page (together with the documents it refers to) contains the terms and conditions under which we provide the products and services listed on our website www.odyo.ca, www.odyo.quebec or www.odyo.com (hereinafter referred to as “our site or website”). Please read those terms and conditions carefully before ordering any Products from our site and/or before you subscribe to one of our services. You should understand that by ordering a product or subscribing to one of our services, you agree to be bound by these terms and conditions. Please understand that if you refuse these terms and conditions, you will not be able to order the products available or offered on our site.
Please note that the information on this site does not constitute audiologist recommendations. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. We strongly advise you to retain the services of an audiologist if you have any uncertainties or questions about our products.
We are not responsible for any content referred to through our website. If damage is caused by the use of information displayed through an external link, only the respective authors of said links might be liable, and in no case we can be held liable for such damage. Furthermore, we are not liable for any posting or messages published by our users, members or third parties.
- ABOUT US
We operate the websites www.odyo.ca, www.odyo.quebec and www.odyo.com. We are ODYO HEARING CARE INC, a company duly registered in Quebec, Canada. Our head office is located at the following address: 2904 Rue de l’écu, in the city of Montreal, Province of Quebec, Canada, H4R 3H2. We also do business under the name ODYO Hearing Care, ODYO Mobile, ODYO Clinic, ODYO Blog, ODYO Online, ODYO Shop and ODYO.
- OUR SERVICES
Our site is only intended for use by customers residing Canada and the United States of America. We do not accept orders placed by persons residing outside Canada or the United States of America.
- YOUR STATUS
By placing an order on our website, you declare that:
- You have the legal capacity to enter into contracts, and
- You are at least 16 years;
- You are resident in Canada or in the United States of America.
- FORMATION OF CONTRACT
4.1 After placing an order using our services, you will receive an email confirming receipt of the order, drawing up a summary of the transaction and the invoice for the Products ordered. Note that this does not mean that your order has been accepted. Your order constitutes an offer to purchase a product. We reserve the right to accept or reject orders placed. Acceptance of your offer will be made by sending you a second email stating that the product was packaged and waiting for the carrier. A third email will be sent to confirm shipment of the Product (shipping confirmation) and the processing of the payment made to purchase said product by Liki or Likisoft, our service provider offering the platform to our website. The Contract will be formed when we send the Shipping Confirmation and process your payment.
4.2 The Contract will be for the products for which you have received a shipping confirmation and for which payment has been processed. We have no obligation to provide other products as part of your order and for which no shipping confirmation has been sent. These products will be subject to a separate shipping confirmation, and will be sent once payment is processed.
4.3 Subscription to our website is free.
- CONSUMER PROTECTION
5.1 If you are contracting as a consumer, you may cancel a contract within fourteen (14) days from the date you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refund policy, set out in section 9 hereof.
5.2 To cancel a contract or return the Product(s), you must access your account and our Service Provider Likisoft will process your request.
5.3 Additional information regarding your right to refund, exchange or return of the Product(s) and an explanation on how to exercise such right, will be provided to you along with the shipping confirmation. This clause does not affect your other rights as a consumer.
- PROCESSING OF YOUR ORDER AND DELIVERY
6.1 Your order will be processed within days (3) days following its receipt.
6.2 Delivery times may vary depending on your choice of carrier (Fedex, Canada Post , etc.).
- RISK AND TITLE
7.1 You will assume the risk from the date of shipment.
7.2 The transfer of ownership of the products ordered and shipped will only take place when we receive full payment of all sums due with respect to the Products, including delivery charges by the supplier.
- PRICE AND PAYMENT
8.1 The price of the Products and our delivery charges are the ones indicated on our website, except in cases of obvious and manifest error.
8.2 Unless otherwise clearly indicated, prices are in Canadian dollars and do not include GST, HST and/or other applicable taxes.
8.3 Product prices and delivery charges are subject to change at any time, but changes will not affect orders for which we have already sent a shipping confirmation.
- REFUND POLICY AND CANCELLATION OF SUBSCRIPTION
9.1 If you return a Product:
9.1.1 Because you have canceled the Contract within fourteen (14) days provided for in section 5.1, we will process the refund within 30 days from the date of receipt of your notice of cancellation. In this case, we will refund the price paid for the product in its entirety. However, you may be responsible for the costs of returning the product.
9.1.2 For any other reason (for example, because you have notified us in accordance with Article 20 that you do not agree to changes to the conditions of use or any of our policies, or because you consider that the product is defective), we will examine the returned product and will notify you of your refund via email within a reasonable time.
9.1.3 The reimbursement is treated as soon as possible and/or within 30 days from the date of confirmation by email of your eligibility to said refund. In the case of a defective product, we will refund the full price of that product, the delivery charges and any reasonable costs incurred for the return of the product. We will refund the price paid using the same method of payment used for your purchase.
9.2 We reserve the right to cancel your membership without notice if you fail or failed to pay for any product and/or service, if you have violated any term or condition hereof. We also reserve the right to cancel your subscription at any time without notice and at our sole discretion, prior to receiving your payment for the shipping of your next product.
9.3 Upon cancellation or termination of your subscription, we reserve the right, at our sole discretion, to retain or immediately and irrevocably delete the contents of your account and/or other information available on our site.
We guarantee that, at delivery, any Product purchased through our site is: 1. conform to its description 2. Of satisfactory quality, and 3. Reasonably fit for all the purposes for which this product is generally intended.
- OUR RESPONSIBILITY
11.1 Subject to section 11.2, if we are unable to comply with the conditions of use, we will only be liable to you for the purchase price of the Products.
11.2 The presents do not exclude and/or do not limit our liability for:
11.2.1 Death or personal injury caused by our negligence;
11.2.2 fraud or misrepresentation, or
11.2.3 any other situation in which it would be illegal for us to exclude or attempt to exclude our liability.
11.3 You must indemnify and defend at your expense, Communication de Bouche à Oreille Inc., its directors, officers, employees and agents against any lawsuit, claim, demand, debt or liability, damages, costs and expenses including attorneys’ fees, arising, directly or indirectly, from your user content, your use of the service or the site, your conduct in connection with the services offered or the site, or any violation of the presents, any other law or the rights of a third party .
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or correspondence we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. You hereby accept the electronic means of communication instead of written submissions, and you acknowledge that all contracts, notices, disclosures and other communications that we provide to you electronically comply with the requirements of laws and have the same legal force as written communications. This condition does not affect your statutory rights.
- TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 This agreement binds the parties and their successors, heirs and respective successors.
13.2 You may not assign or otherwise transfer to a third party all or part of your rights in this agreement without our prior written permission.
13.3 We may transfer, assign, mortgage or otherwise dispose of an agreement, or any other right or obligation arising at any time during the term of the agreement,
- INTELLECTUAL PROPERTY RIGHTS
14.1 We are the owner(s) and/or holder(s) of all intellectual property rights on our website, registered or not, and any material published on our site. Those works are protected by copyright laws and all rights attached thereto are reserved.
14.2 You can print a copy and download extracts of any page of our site for your personal use. However, you cannot use all or part of the protected content hereunder, for commercial purposes, without first obtaining a license from the owner(s) of said content (i.e. us or our partners).
14.3 If you post comments on the products or services on other websites, blogs or social media (hereinafter Comments), you must ensure that these comments reflect a well-founded opinion. By subscribing to our services, you irrevocably authorize us to quote and publish your comments on our site, and any advertising or social media that may be created later.
14.4 We do not claim ownership of the materials you provide to us. However, by posting, uploading, providing or submitting material, you grant us the necessary authorizations and licenses to use the information you submitted in connection with the operation of our business, including, but not limited to, the rights to: copy, distribute, transmit, display, perform, reproduce, edit and translate the material submitted. By posting, uploading , inputting, providing or submitting your material, you warrant and represent that you are holding , and/or you control all the rights connected to said content as described in this section including, without limitation, all the rights necessary for you to provide, post , upload, input or submit said content.
14.5 Notwithstanding section 14.4, all recommendations, improvements or modifications to our products and services made in response to your call and/or anyone acting on your behalf, including your employees, will be our property, whether these improvements and recommendations are integrated into our products and services or not.
- FORCE MAJEURE
15.1 We will not be liable for any failure or delay in the performance of our obligations under a Contract, if such failure or delay is caused by of Force Majeure, as defined below.
15.2 A Force Majeure Event includes any act, event,, omission or accident beyond our reasonable control, including, but not limited to:
15.2.1 strikes , lockouts or other situation or industrial phenomenon ;
15.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war ;
15.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster ;
15.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5 impossibility of the use of networks of public or private telecommunications; and
15.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended until the event of force majeure continues (the “Period”), and we are entitled to an extension of time for performance equivalent to that Period. We will use all reasonable means at our disposal to end the event of Force Majeure and/or find a solution by which we keep our commitments and obligations under the Contract, despite the event Force Majeure. Please note that this is an obligation of means and not an obligation of result.
16.1 The fact that we do not insist on the full implementation of any of your obligations hereunder or that we do not exercise any of the rights that the presents gives us, should not be construed as a waiver for future to request your that you comply with your obligations. Neglect or delay in exercising any right or remedy under this Agreement shall in no way be construed as a waiver by us of that right or remedy.
16.2 Our waiver to force the execution of any provision hereof shall not constitute a waiver of any subsequent breach.
16.3 Any waiver by us of our rights is valid only when made in writing and any waiver applies only to the rights and circumstances expressly mentioned in said waiver,
If any provision of this Agreement is wholly or partially unenforceable for any reason, all other provisions will continue in full force and effect.
- ENTIRE AGREEMENT
18.3 The parties agree that the only responsibility they have towards the representations and warranties set forth herein is limited to the breach of contract.
18.4 Notwithstanding the foregoing, nothing herein limits or excludes any liability for fraud.
- OUR RIGHT TO AMEND THESE TERMS AND CONDITIONS
- LAW AND JURISDICTION
The parties agree to elect domicile in the judicial district of the province of Quebec, Canada, and select it as the appropriate district for the hearing of any claim arising out of the interpretation, application, performance, entry into force , validity and effects or Contract(s) hereunder. Any controversy or claim arising out of or in connection with this agreement will be subject to the non-exclusive jurisdiction of the courts of Quebec and will be subject to the laws in force in the province of Quebec.
Effective date: April 20th 2015