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.
We offer a free, 45-day long Orka Free Try-On Program to sincerely collect user feedback by inviting you to try out Orka's hearing aids and care service for 45 days. You may sign up for the trial and test out our product and services at home over a 45-day period (the “Try-On Period”), which is free of charge. For more information about the Orka Free Try-On Program, click here.
By submitting your Orka Free Try-On order, you authorize Orka to charge your card, and you agree to all other terms of the Orka Free Try-On Program explained on Orka Free Try-On Program under Sales and Refund Policy. To verify the availability of the card, we may charge $1 from the card you provide when placing your order, and it will be soon refunded back to your card once the verification is finished.
Please rest assured that we will not charge a full payment any time when you place your Try-On order or during the Try-On period unless you do not return the products after the Try-On ends.
If the hearing aids are not returned in time or returned damaged after the Try-On Period ends, we may charge your card for the full amount of the hearing aids including the charging case or the damaged/missing parts, depending upon the actual circumstance.
Currently, the Orka Free Try-On Program is only available in America and the Try-On spots are limited and subject to product availability.
If you are unsatisfied with your purchase of a Orka device and/or accessory (“Device”), you have the option of returning the Device within forty-five (45) days after delivery. As long as the Device is in its original condition (unopened, in the case of an accessory) and has not been damaged or modified (including repaired without our prior written consent) in any way, we will credit back the purchase price to the account used at the time of purchase, less any expedited shipping if any.
Refunds are processed within approximately ten (10) business days of our confirmation of the eligibility of a refund. Your refund will be credited back to the same payment method used to make the original purchase on the Service. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED AS NON-RETURNABLE.
The warranty period for all Orka products will be two(2) years from the date of purchase unless otherwise specified by Orka in writing.
Orka warrants to the original purchaser that the products shall be free from defects in materials and workmanship under normal use for the Warranty Period.
If such a defect arises and a return authorization request is received by Orka within the applicable Warranty Period, Orka will, at its sole option and to the extent permitted by law, either (1) repair the defective product at no charge, using new or refurbished replacement parts, or (2) replace the defective product with a new product or refurbished product. To the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. Any repaired or replacement product will be warranted for the remainder of the original Warranty Period or ten (10) days, whichever is longer.
To obtain the above warranty service, you must have a return authorization. Please contact Customer Support to know more details and get a return authorization.
These Limited Product Warranties do not apply to (a) product purchased from unauthorized distributors (including eBay), (b) product that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Orka, (c) damages caused by third parties (d) damages caused by accident, abuse, mishandling, flood, fire, earthquake or other external causes; (e) normal wear and tear or aging of the product; or (f) operating the product outside the permitted or intended normal uses or not in accordance with instructions provided by Orka.
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.