Terms & Conditions

Welcome to the Phonak, LLC eServices designed for the hearing health care professional (which we refer to as "eServices"). Phonak and its subsidiaries and affiliates want each visitor to eServices to have a productive and secure visit, so we have established the following binding terms and conditions, which we call the Terms of Service, to govern your use of eServices and the purchases you make through eServices. If you visit or shop at www.phonakpro.com, you accept and agree to be bound by these Terms of Service.

Modification
Phonak reserves the right to make changes to eServices, our policies and these Terms of Service at any time without prior notice.

Privacy
Please review our Privacy Policy, which also governs your visit to eservices.phonakpro.com, to understand our privacy-related practices.

Your Account
We designed eServices to be used only by hearing care professionals (HCPs) licensed to practice within the United States. Only licensed HCPs who have registered with Phonak may access and place orders via eServices. When you register with eServices, you will be prompted to create your on-line account; Phonak will then assign a user name and password. You are responsible for maintaining the confidentiality of your account, your user name, your password, any other related account information and for restricting access to your computer. Phonak reserves the right to deny registration to any user. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us by fax or e-mail of any unauthorized use or misuse of your account or any other breach of security.
In consideration of your use of eServices, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the forms for your account and order information (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of eServices. Account Information and certain other information you provide is also subject to our Privacy Policy. Phonak reserves the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

Shipping Address
To make purchases on eServices, you must be licensed in, and have a shipping address in, the United States.

Product Descriptions
We attempt to be as accurate as possible in describing the products we offer for sale via eServices. However, we do not warrant that product descriptions or other content of eServices are accurate, complete, reliable, current or error-free. If a product we offer is not as described, your sole remedy is to return it in unused condition. Neither Phonak, nor our officers or directors, employees, affiliates, any of our agencies, nor any other party involved in creating, producing, or operating eServices is liable or responsible for any errors or omissions in the content of eServices. Furthermore, we will not be liable or responsible for any claim or damage, direct or consequential, arising out of the use, interpretation, reliance upon, or other implementation of such information. The availability and pricing of products are subject to change at any time without notice.

Sales Tax, Shipping and Handling
Nonprescription items that are shipped to Hearing Care Professionals within are subject to sales tax at the appropriate state and local rate. Normal shipping and handling rates apply. These charges are non-refundable and will not be credited on hearing instruments returned for credit.

Payment Terms
All payment terms are net 30 days from invoice date. We will assess a 1.5% interest charge per month on all past-due balances.

Right-of-Return & Exchange Policy
All hearing instruments may be returned up to 60 days from date of invoice unless otherwise stated on the invoice. Certain promotional activities may restrict the right-of-return to "Exchange Only", which will also be stated on the invoice. Reconditioned hearing instruments cannot be returned for credit.

Export
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act - and not to transfer, by electronic transmission or otherwise, any content derived from eServices to either a foreign national or a foreign destination in violation of such laws.

Sales Policy
Phonak complies with all federal and state requirements, including those regarding the sale and distribution of hearing devices. Phonak reserves the right to deny the supply of hearing instruments to any account that we believe has violated these mandates, or has engaged in activities that may compromise the best interest of the hearing-impaired consumer. The resale of Phonak hearing instruments to other persons or entities without Phonak prior knowledge is prohibited.

Internet Sales Policy
Phonak is a manufacturer of premium hearing instruments that require fitting by trained and licensed hearing health care professionals. At Phonak, everything we do is focused on helping the hearing impaired through our relationships with hearing health care professionals. We believe that the best care for the hearing impaired is delivered through the hearing health care professional’s direct involvement in the supply chains that exist today in our industry.
We believe in and support the critical role professionals play in the effective, time proven, delivery of services that exist today for the hearing impaired. This supply chain typically consists of a hearing instrument manufacturer, in many cases an aggregator (buying group or other agent), a licensed hearing professional (an audiologist/hearing instrument specialist or dispenser) and the patient/end consumer. Utilizing this supply chain ensures that a trained and licensed professional is the final point of contact with the patient, in the critical process of counseling, selecting, fitting and verifying the operation of our products. This face-to-face consultation ensures optimal results for the patient. We believe that this is the most efficient and effective supply chain, and that those consumers who do not have the benefit of a professional fitting experience eventually will experience additional costs and less than optimal results. We therefore will do everything in our power to insure that Phonak hearing aids are delivered to the hearing impaired through a hearing health care professional.
We know that hearing instruments are made available via the internet, catalogs and mail order without the involvement of a hearing health care professional. While we know that the internet has become a valuable resource for all consumers, including the hearing impaired, to research hearing loss and hearing devices, we continue to believe that the best care for the hearing impaired is achieved through a face-to-face consultation with a hearing health care professional. At Phonak, we will continue to strive to support this established and effective delivery system.
For the foregoing reasons, we reserve the right to deny the supply of hearing instruments to any account that we believe fails to provide a face-to-face fitting of hearing instruments. We will independently determine, in our discretion, whether the requirements imposed in this internet sales policy are being satisfied.
Please be advised that Phonak employees are not authorized to amend, or provide an exemption to, this internet sales policy. Any questions regarding this internet sales policy must be set forth in writing and delivered to the following address: 4520 Weaver Parkway, Warrenville, IL 60555.
This internet sales policy may be modified, suspended or discontinued at any time at the sole discretion of Phonak.

User-Generated Questions and Feedback
Any information supplied through eServices or by any of our employees or agents, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

Consent to Electronic Communications
When you visit or send e-mails to us, you are communicating with us electronically. In doing so, you are hereby authorizing us and our representatives to collect and use such information in connection with any online or offline offering or any electronic mail offering directed to you, subject to these Terms and Conditions and our Privacy Policy. We will communicate with you by e-mail or by posting notices on the eServices site. You agree that all notices, agreements, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be "in writing".

Intellectual Property
Unless otherwise noted, all account numbers, account information, data, images, information, passwords, screens, text, user names, videos, web pages or other materials (collectively, the "Content") appearing on eServices are the exclusive property of Phonak or its affiliated companies.

1. All Content contained on or used in the eServices is protected by United States and international copyright, trademark and other intellectual property laws. All rights reserved. Please assume that everything you see or read on eServices is copyrighted to, or used with permission from, Phonak unless otherwise noted. These rights are protected in all forms, media and technologies which exist now or are later developed.
2. The trademarks, logos, service marks and trade dress (collectively, the "Trademarks") displayed on the eServices site are registered and unregistered Trademarks of Phonak or others. The Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits Phonak. All trademarks not owned by Phonak or its subsidiaries that appear on eServices site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Phonak or its subsidiaries, Images of people, objects or places displayed on the eServices are either the property of, or used with permission by, Phonak.
3. We own or use by permission all software contained on eServices, including, without limitation, all HTML code. Copyright and other laws and international treaty provisions protect this software. The applicable laws expressly prohibit any modification, redistribution or reproduction of the software, and such actions could result in severe civil and criminal penalties. We will seek and support prosecuting violators to the maximum extent possible.
4. You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, remove, reuse, sell, transmit, create a derivative work from or otherwise use the Content of the eServices for public or commercial purposes without Phonak authorization. Nothing on eServices shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication or otherwise.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations. We also reserve the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.

eServices License and Prohibited Uses
We grant you a limited license to access and make personal use of eServices and not to download (other than page-caching) or modify it, or any portion of it, except with our express written consent. This license does not include the use of eServices to do any of the following:

1. duplicate, copy, resell or commercially use the eServices or its contents;
2. download or copy any account information for the benefit of another merchant or other person or entity;
3. use any false or inaccurate information for purposes of establishing an account with us;
4. collect or otherwise use any data located on eServices for litigation or legislative purposes;
5. take any action that imposes an unreasonable or disproportionately large load on the eServices infrastructure;
6. use any device, software or routine to interfere or attempt to interfere with the proper working of eServices or any activity being conducted on the eServices;
7. use any engine, software, tool, agent or other automated process or mechanism (including without limitation avatars, browsers, crawlers, robots, spiders, or intelligent agents) to navigate or search eServices other than (i) the search engine and search agents available from Phonak and (ii) generally available third-party web browsers;
8. allow any other person or entity to use your Hearing Care Professional (HCP) Number (user ID) or other identifying information; or
9. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service.

We will not permit any conduct by you that we believe restricts or inhibits any other authorized user from accessing and using the eServices. You agree to use eServices only for lawful purposes. You further agree not to violate or attempt to violate the security of the eServices, including, without limitation, actions such as:

1. accessing data not intended for you or logging into a server or account that you are not authorized to access;
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to or overloading, using any type of spyware or redirecting software, "flooding," "spamming," "mail-bombing" or "crashing" eServices;
4. forcing the placement of cookies;
5. sending unsolicited e-mail, including promotions and/or advertising of products or services; or
6. forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Phonak without express written consent. You may not use any meta-tags or any other "hidden text" utilizing Phonak name or Trademarks without our express written consent. Any unauthorized use will immediately terminate the permission or license granted by us. You may not use any Phonak logo or other proprietary graphic or trademark as part of the link without our express written permission.

Security Policy
Phonak is committed to securing your personal information. We recognize that your privacy and security are of the utmost importance, and we have devoted a great deal of effort to ensure that your personal information is safeguarded.
Our Secure Sockets Layer ("SSL") encryption software is the industry standard and among the best software available today for secure online commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read as the information travels over the Internet. In addition, your personal information resides in a database behind a firewall where it cannot be accessed without proper authorization. Your personal password is fully encrypted and not accessible by anyone.

Links to Third-Party Websites
Occasionally, we may make available a link to a third party's website. These links will let you leave the eServices. The linked websites are not under our control, and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. We are not responsible for webcasting or any other form of transmission received from any linked website. We provide the links to you only as a convenience. We do not endorse any third-party linked website or its use or contents.

Product Warranty Policy
All Phonak hearing instruments are covered at least by a 12-month warranty. If indicated at the invoice or delivery documents we provide an additional 12-month warranty period for certain digital hearing instruments. Warranties for BTE and FM instruments begin at date of invoice and include a 90-day grace period to account for stocking time. Warranties for ITE instruments begin at date of invoice and include a 30-day grace period. Most accessories, except batteries are covered for 90 days for defects in materials and workmanship. The following accessories carry a 1-year warranty: accessory microphones, boom microphones and auxiliary input cords.

Original Manufacturing Warranty
The new instrument warranty applies only to the repair of existing electronic components and remakes for fit or feedback. Any additions, circuit changes or model changes will be billed according to the current price for that circuit, model or option. Circuit modifications are provided on an exchange basis during the first 90 days. After the first 90 days, and for the duration of the warranty, modifications will be priced according to the enclosed rates. The balance of the warranty applies.

Shipping
Please be advised that all orders are subject to a credit check and product availability. In certain cases, we will need to conduct a manual credit check, which may delay shipment. Depending upon the results of the credit check, we may ship only a portion of your order or cancel your order entirely. You can check the status of your order by accessing your eStore account.

Disclaimer of Warranties and Limitation of Liability
Phonak provides the eServices on an "as is" basis. Phonak makes no representations or warranties of any kind, express or implied, as to the operation of eServices or the information, content or materials included on the eServices. You expressly agree that your use of eServices is at your sole risk.
To the full extent permissible by applicable law, Phonak disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Phonak does not warrant that the eServices, its servers or e-mail sent from Phonak are free of viruses or other harmful components.
Under no circumstances shall we or any other party involved in creating, producing, or operating eServices be held liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the eServices, (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on eServices; or (v) any other matter relating to the operation of eServices. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through eServices.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.

Applicable Law
We maintain and operate the eServices from our offices within the United States of America. We make no representation that the Content in eServices is appropriate or available for use in other locations. You are prohibited from accessing the eServices from territories where eServices and its Content are illegal. Persons who choose to access the eServices from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.
Any claim relating to eServices, the services provided through the eServices or the Content shall be governed by the internal laws of the State of Illinois, without reference to its choice of law provisions. Subject to the following provision regarding arbitration of disputes, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Cook County, Illinois, U.S.A.

Disputes
Any dispute relating in any way to your visit to eServices or to products you purchase from us through eServices shall be submitted to confidential arbitration in Chicago, Illinois, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Illinois. Arbitration under these Terms of Service shall be conducted under the commercial arbitration rules of the American Arbitration Association applicable at the time of the proceeding. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of eServices or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

Termination
These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of eServices. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of eServices with or without notice. You agree that any termination of your access to the eServices may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related Account Information and files in your account and bar any further access to such files or eServices. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the eServices.

General Information
These Terms of Service constitute the entire agreement between you and Phonak with regard to your use of the eServices. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, we and you nevertheless agree that (i) the court should endeavor to give effect to our intentions as reflected in the provision to the maximum extent possible, and (ii) the other provisions of the Terms of Use should remain in full force.

COPYRIGHT NOTICE
Copyright 2008 Phonak, LLC, 4520 Weaver Pkwy, Warrenville, IL 60555, U.S.A.
All rights reserved. Any rights not expressly granted herein are reserved.
This was last updated on April, 1st, 2009