The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms of Service"), govern your access to and use of https://hiorka.com and our applications, including any content, functionality, devices, products and services offered on or through the website and applications (the "Services"). The Services are maintained and operated by Orka Labs Inc. and its affiliates ("Orka", "We", "us").
THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION CLAUSE THAT REQUIRES YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION (NOT IN COURT). BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF SERVICE SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SERVICES OR ORDER ANY PRODUCTS FROM THE SERVICES.
These Terms of Service are subject to change by Orka without prior written notice, in our sole discretion. The latest version of these Terms of Service will be posted on this Service, and you should review these Terms of Service prior to using the Service or purchasing any product or service that is available through the Service. Your continued use of this Service after a posted change in these Terms of Service will constitute your acceptance of and agreement to such changes.
The Services provides you with the ability to submit orders for products and services (“Order(s)”) and you may be asked to supply certain information relevant to your Order including, without limitation, your credit card or debit card number and expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD(S) OR DEBIT CARD(S) OR CHECKING ACCOUNTS OR OTHER PAYMENT METHOD(S) USED BY YOU IN CONNECTION WITH ANY TRANSACTION, AND THAT ALL INFORMATION PROVIDED IN ANY FINANCING APPLICATION IS TRUTHFUL AND CORRECT. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of Orders initiated by you or on your behalf. We may require verification of information prior to the acknowledgment or completion of any Order. We reserve the right to refuse or cancel any Order for any reason. An Order may not be fulfilled if you are located outside the Services’ authorized shipping area. Excluded territories may change at any time at our discretion.
You agree to pay all charges that may be incurred by you or on your behalf in connection with all Orders placed through the Services, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you are responsible for any applicable taxes in connection with your Order.
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
We describe our merchandise and include pictures and photographs on our Services, but sometimes the product varies slightly from the picture or description due to changes made by our manufacturers, and we are not liable for these nonmaterial changes. All descriptions, images, references, content, specifications, products, and prices of products described or depicted on the Services are subject to change at any time without notice. The inclusion of any products on this Services at a particular time does not guarantee that such products will be available.
In addition, the Services may include inaccuracies or errors including pricing errors. Orka reserves the right to correct any pricing errors on the Services and/or pending Orders made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending Order at the correct price or we will cancel your Order without penalty.
To place an Order, you must be over 18 years old, and entitled to purchase a hearing aid device.
Please note that if you choose to purchase or place an Order in installments, the installment services may be provided by a third party. In such cases, it is your responsibility to read and understand the relevant third party terms and conditions before proceeding with the installment plan.
Orka may enable you to post, upload, store, share, send, or display photos, images, video, audio, data, text, comments, and other information and content (“Your Content”) to and via the Services. You shall not engage in any behavior that is unlawful, harassing, abusive, threatening, pornographic, discriminatory, false, misleading, obscene, threatening, objectionable, infringing or injurious to others, and Your Content will not contain malicious software or computer viruses, commercial or political solicitations or slogans, or any forms of "spam."
Orka may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Services.
Neither Orka, nor any of our employees, may accept or consider any unsolicited ideas, including ideas for new or improved products or services, new marketing campaigns or product or service names. Please do not submit any such unsolicited ideas in any form to Orka or any of our employees.
If, despite our policy, you still submit an idea to us, then regardless of anything contained in your submission you agree that: (i) Orka shall have no obligation to review the submission; (ii) the submission and its contents shall automatically become the property of Orka, without any compensation to you; (iii) Orka may consider the submission and its contents to be non-confidential and non-proprietary; and (iv) Orka may redistribute or use (for commercial purposes or otherwise) the submission and its contents for any purpose and in any way, without any compensation to you. To the extent any such assignment is deemed unenforceable, you hereby grant Orka an irrevocable, perpetual, world-wide license to use the idea in any manner as Orka sees fit, without compensation to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ORKA (INCLUDING ITS AFFILIATES), ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ORKA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ORKA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO ORKA FOR USE OF THE SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ORKA, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ORKA AND YOU.
PLEASE REVIEW THE FOLLOWING SECTION CAREFULLY AS THIS AFFECTS YOUR LEGAL RIGHTS).
You agree that any dispute, claims or controversies between you and Orka arising out of or relating to these Terms of Service, the Services, or any other Orka products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principle. YOU HEREBY EXPRESSLY CONSENT TO BINDING ARBITRATION BEFORE ONE ARBITRATOR, TO BE ADMINISTERED BY JAMS LOCATED IN SAN FRANCISCO, CALIFORNIA FOR ALL DISPUTES. YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST ORKA, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.