Earzz Product Terms & Conditions
These Terms form a legal agreement between you and Earzz Limited, registered in England with registered office at 7 St Pauls Road, Newton Abbott, Devon, England TQ12 2HP (we or us). You are purchasing the Earzz monitor in order to enable the individuals identified on the order form (the Users)to use the Earzz monitor and Earzz app. You shall ensure that the Users comply with these Terms.
If you do not agree to be bound by these Terms, do not purchase the Earzz subscription plan/monitor and/or try to access the Earzz app. If you have any questions, contact us at orders@earzz.co.uk. We may amend these Terms at any time. If your Users have a current subscription plan, we shall notify you of the amendment, and if you do not agree to the amendment, then it will not be effective in respect of the then-current subscription plan.
The Earzz monitor is not sold to you for re-sale. If you would like to purchase the Earzz monitors for re-sale, please contact us at info@earzz.co.uk.
We will process and store the personal data you provide to us, including the personal data of the Users under these Terms or otherwise in relation to the Earzz monitor and app in accordance with our Privacy Policy.
The subscription (Membership)
Details of the subscription (membership) plans are available at earzz.com.
Your subscription is for a minimum term as set out in the order form, and then it will automatically continue unless terminated by either of us on written notice again as set out in the order form. Please email us at orders@earzz.co.uk to terminate your subscription.
The subscription fee is payable monthly in advance. If you fail to pay any monthly fee when due, then without prejudice to any other rights or remedies available to us, we may charge costs and interest on any outstanding amount accruing in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 from the due date until the outstanding amount is paid in full.
We may increase the monthly fee at the end of the minimum 12 (twelve) month term and on each anniversary. We shall notify you of any increase and if you do not agree to such increase, you shall be entitled to terminate your subscription on 30 days written notice.
You may purchase additional Earzz monitors in accordance with the Purchasing the Earzz monitor section below.
If you breach or fail to comply with any provision of these Terms, your subscription to the Earzz app will automatically terminate and no refund will be due to you and the fee for the remainder of your current term shall continue to be due and payable. If any User breaches or fails to comply with any provision of these Terms, that User’s right to use the Earzz app will automatically terminate, and again no refund will be due to you and the fee for the remainder of the User’s current term shall continue to be due and payable. Termination of a subscription will not affect any rights that may have arisen as at the date of termination or which arise following the termination.
If your subscription ends before the end of the minimum 12 (twelve) month term, you must return the Earzz monitors to us at your own cost and risk. If you do not return the monitors to us, or on receipt the monitors are damaged, then we may charge you the costs of replacement monitors. Otherwise, title tot he Earzz monitors transfers to you at the end of the minimum 12 (twelve) month term.
You acknowledge that Users will no longer be able to use the Earzz monitor(s) upon termination of their subscription.
Use of the Earzz monitor
Use of the Earzz monitor requires a supported mobile monitor and Internet access. The maintenance and security of this equipment may influence the performance of the Earzz monitor and app, and you agree that you must maintain the equipment’s functionality. You are responsible for all Internet access charges.
We are not liable if a User is unable to access the Earzz app for any reason within the User and/or your control, including failure to use appropriate equipment or insufficient bandwidth.
Registration on the Earzz App
Users must be at least 18 years old to register on the Earzz app. You must provide accurate and current information when you register the User, and if there is any change to the information that you provide to us, you should update the account. You are responsible for all activity that takes place through your account, so you should keep your account credentials confidential and up to date.
Use of the Earzz App and Earzz monitors
You shall comply with all of our reasonable instructions relating to the Earzz app and Earzz monitors. We may, at our sole discretion, provide upgrades and new releases of the Earzz app and monitors from time to time.You agree that we shall be entitled to record Users’ access and use of the Earzz app for the purposes of diagnosing and fixing problems, training and support. We may transfer such records to third parties for the purposes of analysis and processing.
You should use the Earzz app in order to operate the Earzz monitor and for no other purpose.
You shall not, and shall not permit or assist any third party including a User to:
- use the Earzz app and/or the Earzz monitors for any unlawful purpose;- modify, translate, adapt or copy the whole or any part of the Earzz app and/or Earzz monitors, nor arrange or create derivative works based on the Earzz app and/or Earzz monitors;
- reverse engineer, decompile, or disassemble or otherwise attempt to derive or determine the source code for the Earzz app and/or the Earzz monitors (except to the extent applicable laws specifically prohibit such restriction);
- make for any purpose, including error correction, any modifications, adaptions, additions or enhancements to the Earzz app and/or Earzz monitors;
- cause any damage to the Earzz app or impairment of the availability or accessibility of the Earzz app;
- sell, purport to assign or license access to the Earzz app and/or the Earzz monitors;- remove or alter any trade mark, logo, copyright or other proprietary notices, legends, symbols or labels or other proprietary notice on any of the Earzz app and/or the Earzz monitors;
- view or access the Earzz app and/or the Earzz monitors with the intention of replicating similar content or functionality within a competing platform, site or mobile application.
We use push notifications to alert Users to sounds they have chosen to listen for in the Earzz app.
Training
The price paid for the Earzz monitor does not include training on the use and/or installation of the Earzz monitor and app. If you require such training, please contact us and we shall provide our training to you at a date, time and a price to be agreed.App AvailabilityWe shall use reasonable endeavours to make the Earzz app available at all times, but you acknowledge that there may be occasions when access to the Earzz app may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
We reserve the right to remove any content or features from the Earzz app for any reason, without prior notice, and shall have no liability or responsibility to you or a User in any manner whatsoever in such circumstances, save for refunding pro-rata any amount paid in advance in respect of any significant content or features suspended or stopped that was previously accessed and used. We shall calculate such pro-rata refund at our sole discretion, provided that we shall act reasonably in doing so.
Purchasing the Earzz monitor
You may purchase Earzz monitors from us if you are at least 18 years old and the delivery address is in a country where we deliver.
You must make sure that all information you provide to us, including email and delivery address, is accurate. We will not refund you or deliver a replacement Earzz monitor if we have delivered the Earzz monitor to the address you provided to us – even if you have not given us your correct address.
We must receive payment of the whole of the price for the Earzz monitor, including the delivery cost, before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provided. You cannot cancel your order once we have accepted it.
We will use all reasonable endeavours to deliver the Earzz monitor in accordance with the delivery timescale you select. If you do not receive the Earzz monitor within such timescale, you should notify us accordingly.
If we deliver the Earzz monitor outside of the UK, it may be subject to additional charges, such as import duties and taxes, which are levied once the Earzz monitor reaches the specified destination. We have no control over these charges and cannot predict what they may be. You are responsible for such charges, and so we recommend that you contact the local customs office for further information as to the amount of such charges (if any). Please also note that The Earzz monitors for delivery overseas may be opened and inspected by customs authorities.
Our Right to Cancel a purchase for an Earzz monitor
We reserve the right to cancel your order if:
- we have insufficient stock;
- we cannot obtain authorisation for your payment; and/or
- we do not deliver to your delivery address;
- we cannot obtain authorisation for your payment;
- we cannot verify that you are aged 18 or over;
- the Earzz monitor was listed at an incorrect price due to a typographical error.
If we do cancel your order, we will notify you by e-mail and will refund you all sums paid within 30 days of the date of receipt of your order. We will not be obliged to offer any additional compensation for the disappointment suffered.
IP Rights
You agree that no copyrights or other intellectual property rights that subsist in the Earzz monitor and app, including all software, images and content, shall transfer to you. You acknowledge that all copyrights or other intellectual property rights in the Earzz monitor or app belong to us or are licensed to us, and that such rights are licensed (not sold) to you. You may not copy or distribute any part of the Earzz app without our prior written consent.
EARZZ is a trade mark of Earzz Limited.
Feedback, Suggestions and Improvements
Every time we send you an app notification, we ask you to submit feedback. From time to time, you may also submit to us ideas, comments and suggestions, including but not limited to requests for specific sounds to be included in the Earzz app.
If you submit any content to us, you agree that on submission, you assign to us all rights in the content.
You further agree that we shall be under no obligation to keep such content confidential. We shall be entitled (but not obliged) to use, disclose, reproduce, distribute and exploit your content without any restriction or compensation to you. Any content you submit to us shall not be deliberately or knowingly false or misleading.
Manufacturer’s warranty
You must inspect the Earzz monitors immediately on receipt and notify us within 5 working days if there are any missing or defective Earzz monitors. If we agree that there are missing or defective Earzz monitors, then we will deliver the additional Earzz monitors and repair/replace the defective Earzz monitors within a reasonable period of time.
This LIMITED MANUFACTURER’S WARRANTY covers defects in the Earzz monitor, materials and workmanship for a period of 6 months from the date of receipt. During the period, Earzz Limited will replace or repair, at its sole option, any defective Earzz monitors returned to us by its original purchaser.
If you believe you have received a defective Earzz monitor, we will either repair or replace the defective monitor or its defective component part(s) in accordance with the terms of this limited warranty. We warrant the replacement for the remaining unexpired period of the original Earzz monitor’s warranty. This warranty does NOT cover problems that result from abuse, accident, misuse, improper maintenance or problems with electrical power. It does not cover uses not in accordance with the user manual. It does not cover commercial use of the Earzz monitor. It does not cover outdoor use of the Earzz monitor. This limited warranty applies only to the original purchaser of the Earzz monitor and to Earzz monitors purchased directly from us or one of our authorised sellers unless otherwise prohibited by law. Our Earzz monitors are legitimately sold only by us and our authorised sellers, who are required to follow our policies, procedures, and quality control standards. This limited warranty does not warrant that the operation of the Earzz monitor will be uninterrupted or error-free.This limited warranty is our only liability in respect of the Earzz monitors, and all other warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Disclaimer
There are limitations on what the Earzz monitor can and cannot do. The Earzz monitor should not be used or relied on in isolation to mitigate risks of personal harm or injury or in high-risk or emergency situations. All other sensible and appropriate precautions should be taken in circumstances where there are safety risks or concerns.
Please see the user manual for full details, but note in particular:
- The Earzz monitor won’t work if it is inappropriately used; for example, if the microphone is blocked, or if it is used in a noisy environment, or if it has been damaged.
- We are continually working on how best to improve its listening ability and recognition of sounds. The monitor updates automatically to reflect this.
But, you agree that it may not, therefore, always be accurate or reliable, and it may not always correctly classify a sound.
Liability
We shall not be liable to you or the Users, in contract, tort (including negligence), under statute or otherwise, as a result of or in connection with the Earzz monitor or app for any:
- economic loss (including loss of revenues, profits, contracts, business or anticipated savings);
- loss of reputation or goodwill;
- wasted expenditure;
- and/or special, indirect or consequential loss even if advised of the possibility of such losses.
Our total liability arising out of or relating to the Earzz monitor or app, our contract with you or its subject matter and to anything which it has done or not done in connection with the same (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) shall be limited to the sums paid by you in the 6 months preceding the date of the claim.
If you are a business, please note that no action may be brought against us in connection with the Earzz monitor and Earzz app unless proceedings are issued against us within 12 months after you became or ought to have become aware of the circumstances giving rise to such a claim.
Nothing in these Terms excludes or limits our liability for death or personal injury cause by our negligence; for fraud or fraudulent; and/or for any other liability that cannot be lawfully limited or excluded.
These Terms supersede all prior representations or arrangements and contain the entire agreement between us in relation to the Earzz monitor and Earzz app. All other terms and conditions, express or implied, are excluded to the extent permitted by law. None of Earzz’s representatives are entitled to amend these Terms except in writing, signed by a director.All samples, descriptive matter and advertising issued by us and any descriptions or illustrations provided are given for the sole purpose of giving an approximate idea of Earzz monitor and Earzz app.
Disputes
Please contact us at orders@earzz.co.uk if you have any comments or complaints under these Terms. We will do our best to resolve your complaint as soon as possible.We intend that these Terms shall be governed by and construed in accordance with English law, and we agree that if you are a resident of England, you can bring proceedings in the English courts. However, if you are a resident of another country, you may also bring proceedings in that country if your local consumer law gives you the right to do so.
General
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
Your rights under these Terms cannot be assigned to any other person unless we agree to such transfer in writing. No other person shall have any rights to enforce any of these Terms, whether under the Contracts(Rights of Third Parties) Act 1999 or otherwise.Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.These Terms set out the whole agreement between you and us in relation to your use of the Earzz app and purchase of the Earzz monitor. Additional Terms if you download the App from the App StoreWe both acknowledge that these Terms are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the content of the App. The licence granted to you from the App Store for the App is limited to a non-transferable licence to use the App on any Apple product that you own or control and as permitted by the Usage Rules set forth in the App StoreTerms and Terms. We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility. We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that theApp fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. We both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
