Terms & Conditions – Hear+Hi

Terms &Conditions

1. SCOPE

1.1. Any use of this App by you (“User” or “you”) provided by Authorized Company (“Hear+Hi”) and/or its affiliates, (“Hear+Hi”), is subject to these Terms of Use. These Terms of Use may be updated and amended from time to time at the sole discretion of Hear+Hi or may be amended or modified by other terms and conditions, e.g. for the purchase of products and services. Your continued or subsequent access or use of the Hear+Hi shall be deemed to be your acceptance of the amended or modified Terms of Use. In accessing or using the Hear+Hi, these Terms of Use are accepted by you in their then-current version. If you do not agree to these Terms of Use, please do not use the Hear+Hi.  

1.2. Hear+Hi is not responsible in the event that any information made available to you on the Hear+Hi is inaccurate or incomplete. The content of the Hear+Hi is provided for general informational purposes only and should not be relied on or used as the basis for making decisions without additional verification as to the completeness, accuracy and currency of the content of the Hear+Hi. Hear+Hi reserves at all times the right (but not the obligation) to modify the content of the Hear+Hi without notice to you, including but not limited to making changes or improvements to products, services or other particulars described on the Hear+Hi.  

2. SERVICES

2.1. This Hear+Hi contains specific information and software, as well as related documentation, for viewing or downloading.  

2.2. Hear+Hi may stop the operation of the Hear+Hi in full or in part at any time. Due to the nature of the internet and smartphone systems, Hear+Hi does not accept any liability for the continuous availability of Hear+Hi.

3. RIGHTS OF USE TO INFORMATION, SOFTWARE AND DOCUMENTATION

3.1. The use of any information, software and documentation made available on or via the Hear+Hi is subject to these Terms of Use and subject to any separate license terms previously agreed with Hear+Hi. Separately agreed- license terms where applicable, for example, software downloads, shall prevail over these Terms of Use.  

3.2. Hear+Hi grants User a revocable-at-will, non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the Hear+Hi to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Hear+Hi in making same available.  

3.3. Software shall be made available at no charge in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open-source software, which license conditions take priority over these Terms of Use in the case of transfer of open-source software and which conditions require the making available of the source code. In such a case, Hear+Hi shall make the source code available in return for the payment of costs.

3.4. Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. The User shall not modify the software or documentation, nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof, except where such actions are allowed by mandatory law. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.  

3.5. The information, software and documentation available on the Hear+Hi are protected by copyright laws and international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.  

3.6. As between Hear+Hi and the User, all content on the Hear+Hi is the exclusive property of Hear+Hi. Any use of such content other than as expressly mentioned in these Terms of Use is expressly prohibited and you agree to abide by any additional restrictions as may be set out in the Hear+Hi from time to time. Hear+Hi neither warrants nor represents that your use of the content on the Hear+Hi will not infringe the rights of any third parties.

4. RIGHTS OF USE TO INFORMATION, SOFTWARE AND DOCUMENTATION

4.1. The use of any information, software and documentation made available on or via the Hear+Hi is subject to these Terms of Use and subject to any separate license terms previously agreed with Hear+Hi. Separately agreed- license terms where applicable, for example, software downloads, shall prevail over these Terms of Use.

4.2. Hear+Hi grants User a revocable-at-will, non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the Hear+Hi to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Hear+Hi in making same available.  

4.3. Software shall be made available at no charge in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open-source software, which license conditions take priority over these Terms of Use in the case of transfer of open-source software and which conditions require the making available of the source code. In such case, Hear+Hi shall make the source code available in return for the payment of costs.  

4.4. Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. The User shall not modify the software or documentation, nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof, except where such actions are allowed by mandatory law. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.  

4.5. The information, software and documentation available on the Hear+Hi are protected by copyright laws and international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.  

4.6. As between Hear+Hi and the User, all content on the Hear+Hi is the exclusive property of Hear+Hi. Any use of such content other than as expressly mentioned in these Terms of Use is expressly prohibited and you agree to abide by any additional restrictions as may be set out in the Hear+Hi from time to time. Hear+Hi neither warrants nor represents that your use of the content on the Hear+Hi will not infringe rights of any third parties.  

5. INTELLECTUAL PROPERTY

5.1. Notwithstanding the provisions in paragraph 4 of these Terms of Use, information, brand names and other contents of the Hear+Hi may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Hear+Hi.

5.2. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.  5.3. Hear+Hi may, without charge, use any ideas or proposals stored by a User on the Hear+Hi for the development, improvement and sale of its products.  

6. DUTIES OF THE USER

6.1. In accessing or using the Hear+Hi the User shall not: * harm other persons, in particular minors, or infringe their personal rights;* breach public morality in its manner of use;* violate any intellectual property right or any other proprietary right;* upload any contents containing a virus, such as a Trojan Horse, or any other program that could damage data;* transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or* distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.  

6.2. Hear+Hi may deny access to the Hear+Hi at any time, in particular, if the User breaches any obligation arising from these Terms of Use.

6.3. You agree to indemnify, defend and hold harmless Hear+Hi and its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable legal fees and court costs, arising or resulting from your use of the Hear+Hi and/or any violation of these Terms of Use. If you cause a technical disruption of the Hear+Hi or the systems transmitting the Hear+Hi to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable legal fees and court costs, arising or resulting from that disruption. Hear+Hi reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Hear+Hi in the defense of such matter.  

7. HYPERLINKS

The Hear+Hi may contain hyperlinks to the web pages of third parties. Hear+Hi has no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Hear+Hi does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.  

8. DISCLAIMER

YOUR USE OF THE HEAR+HI IS AT YOUR SOLE RISK AND YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE HEAR+HI MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. THE HEAR+HI IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE HEAR+HI OR ANY FEATURE OR PART THEREOF AT ANY TIME. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAWS, HEAR+HI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY IMPLIED TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES THAT MATERIALS ON THE HEAR+HI ARE NON-INFRINGING; ANY TERMS IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; AND/OR ANY WARRANTIES THAT ACCESS TO THE HEAR+HI WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE HEAR+HI WILL BE SECURE, THAT THE HEAR+HI OR THE SERVER THAT MAKES IT AVAILABLE WILL BE VIRUS-FREE, OR THAT INFORMATION ON THE HEAR+HI WILL BE COMPLETE, ACCURATE, ADEQUATE, USEFUL, RELIABLE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE HEAR+HI, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SMARTPHONE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEAR+HI OR THROUGH OR FROM THE HEAR+HI SHALL CREATE ANY WARRANTY OF ANY KIND.  

9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAWS, IN NO EVENT WILL HEAR+HI BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE HEAR+HI OR ANY USE OF THE HEAR+HI, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE HEAR+HI, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF HEAR+HI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT HEAR+HI SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE HEAR+HI. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH HEAR+HI IS TO DISCONTINUE YOUR USE OF THE HEAR+HI AND YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HEAR+HI MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.  

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or for our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.   

Different limitations and exclusions of liability will apply to liability arising as a result of our supply of any goods to you. The terms and conditions governing such supply will be separately set out in the relevant part of the Hear+Hi, and shall prevail over these Terms of Use.

10. COMPLIANCE WITH EXPORT CONTROL REGULATIONS

10.1. If the User transfers information, software and/or documentation provided by Hear+Hi to a third party, the User shall comply with all applicable national and international (re-) export control regulations. In any event of such transfer, the User shall comply with the (re-) export control regulations of the Republic of China, of the Federal Republic of Germany, of the European Union, of the United States of America, of the Republic of Singapore and/or of the United Nations.  

10.2. Prior to any such transfer to a third party the User shall in particular check and guarantee by appropriate measures that: There will be no infringement of any embargo imposed by the Republic of China, by the Federal Republic of Germany, by the European Union, by the United States of America, by the Republic of Singapore, by the United Nations and/or by any other applicable national or international (re-) export control regulations by such transfer or by provision of other economic resources in connection with information, software and documentation provided by Hear+Hi, also considering the limitations of domestic business and prohibitions of bypassing those embargos; Such information, software and documentation provided by Hear+Hi are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorization, unless required authorization is provided; and The regulations of all applicable Sanctioned Party Lists, including those of the Republic of China, the European Union and the United States of America concerning the trading with entities, persons and organizations listed therein are considered. 

10.3. If required to enable authorities or Hear+Hi to conduct export control checks, the User, upon request by Hear+Hi, shall promptly provide Hear+Hi with all information pertaining to the particular end-user, the particular destination and the particular intended use of information, software and documentation provided by Hear+Hi, as well as any export control restrictions existing.  

10.4. The User shall indemnify and hold harmless Hear+Hi from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any non-compliance with export control regulations by the User, and the User shall compensate Hear+Hi for all losses and expenses resulting thereof unless such non-compliance was not caused by the fault of the User. This provision does not imply a change in the burden of proof.  

10.5. Hear+Hi’s obligation to fulfill an agreement is subject to the proviso that the fulfillment is not prevented by any impediments arising out of national and international foreign trade and customs requirements or any embargos or other sanctions.  

11. DATA PRIVACY PROTECTION

During collection, use, and processing of personally identifiable data of the User, Hear+Hi shall comply with applicable laws on data privacy protection and in accordance with the Hear+Hi Data Protection Privacy Policy, which is available on the Hear+Hi.  

12. SUPPLEMENTARY AGREEMENTS, PLACE OF JURISDICTION, APPLICABLE LAW

12.1. These Terms of Use shall be governed by, and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with, the laws of Singapore, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded. 

12.2. You consent irrevocably to the non-exclusive jurisdiction of the courts of Singapore. Hear+Hi reserves the right, if it sees fit, to bring proceedings in the courts of the country of your residence. We recognize that you may obtain access to the Hear+Hi from other jurisdictions in the world and we are unable to prevent such access. If any material on the Hear+Hi is contrary to the laws of the place where you are accessing the Hear+Hi, we ask that you do not use the Hear+Hi. 

12.3. The individual pages of the Hear+Hi are operated and administered by the Authorized Company and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Hear+Hi makes no representation that information, software and/or documentation on the Hear+Hi are appropriate or available for viewing or downloading at locations outside such country. If Users access Hear+Hi from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Hear+Hi information, software and/or documentation is prohibited from countries where such content is unlawful. In this case and where the User seeks to do business with Hear+Hi, the User should contact the Hear+Hi representative for the particular country for country-specific business.  

12.4. The failure of Hear+Hi to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions of these Terms of Use remain in full force and effect.

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