nessa Hearing Pte. Ltd (‘nessa’) is the owner of www.nessa.asia and the provider of the Services.
In subscribing to a trial/purchase of our Services, you are entering into a legal agreement with us.
1.1 These terms and conditions (collectively the “Terms”) constitute a legal agreement between you and nessa governing your registration as a user of the Services.
1.2 You acknowledge and agree that by using the Services, you are indicating that you have read, understood and agree to be bound by these Terms.
1.3 nessa may modify these Terms at any time at its sole discretion, and such modifications take immediate effect upon its posting, indicated at the beginning of the post. In addition, nessa may make changes and additions to the Services and your continued use of our Services is deemed as your acceptance of such modifications.
You agree to our collection of your personal information in order for us to provide you with our Services
2. Subscription to the Services
2.1 In order to use the Services, you must satisfy all criteria set forth below in clause 2.2 below, including any amendments that nessa may make at its sole discretion.
2.2 You agree that throughout your use of the Services, you will comply with the following:
(a) you are 18 years of age and above or if you are less than 18 years of age, your legal guardian(s) is subscribing to the Services on your behalf; and
(b) you will provide your full name, birth date, NRIC number, own email address, phone number, address in registering for the Services and you/your legal guardian(s) are legally capable and permitted to accede to these Terms and to perform your obligations under these Terms.
2.3 If you are purchasing the Services on behalf of another, you are deemed as the payer and these Terms apply to you.
2.4 You are authorised to use the Services only for your personal and non-commercial use. You are prohibited from reselling the Services in any manner.
3.1 When you use our Services, we may collect the following information:
(a) your use of our Services i.e.: start date/end date, user data/user behaviour, your hearing test result and your fitting result;
(b) non-personal information involving you, including but not limited to anonymous statistics, records and other information in relation to your use of our Services; and/or
(c) any other relevant information which nessa deem applicable in order to provide you with maximum customer experience of the Services.
3.2 If you have any hesitation about providing such information to be used in any manner permitted under these Terms, you should not use our Services.
3.3 You agree and acknowledge that we may use your collected information for the following purpose:
(a) monitoring your use of our Services, researching, planning, developing, improving or marketing our Services;
(b) unless you have requested otherwise, sending you periodic communications (by post, telephone, SMS, WhatsApp or email) in relation to our Services;
(c) monitoring your compliance with these Terms;
(d) complying with any applicable law or any order of a court or law enforcement, government or regulatory agency.
3.4 nessa will take all reasonable steps to ensure that records containing personal information are handled appropriately and only accessible by authorised parties who “needs to know” or have a “right to know”.
3.5 While we take all security measures to maintain the security of all information collected, we cannot guarantee absolute security due to the inherent risks associated with storing and transmitting information electronically, wirelessly, or otherwise over the Internet or other telecommunications methods.
3.6 If you have any concerns regarding privacy, please do not hesitate to contact us at +65 6817 3297 or [email protected]
You are aware of your given rights and boundaries in using our Services
4. User rights and obligations
4.1 You acknowledge and agree that different rights and benefits may be granted to different users, as nessa determines at its sole discretion.
4.2 nessa grants you a limited, non-exclusive, non-transferable licence to use the Services solely for the purposes set out in these Terms.
4.3 When using the Services, you agree to comply with all our partners/supplier’s terms including any changes/additions which we will inform you from time to time.
4.4 You agree not to interfere with the proper working of the Services, tamper/circumvent any security measures, encryption codes or technological protection measures in or used in connection with the Services.
You are aware and will agree to our partners/suppliers/third party terms in using our Services.
5.1 You acknowledge that the Services (bundled with paid and non-paid value added services) are provided by nessa’s partners/suppliers and resold/provided for your use (“On-supplied Services”). Such On-supplied Services are governed by the respective partners/suppliers’ terms which form an agreement between you and the partners/suppliers, and to the extent permitted by law, nessa shall have no liability whatsoever in respect of any On-supplied Services and that you and the relevant partner/supplier shall have direct recourse to each other for the matters governed by the terms.
5.2 You shall indemnify nessa against all claims, losses and damages which nessa may incur in connection with your use of the On-supplied Services in violation of applicable law or the partners/suppliers’ terms.
5.3 nessa may be required to keep records of your use of the relevant On-Supplied Services and provide such details to its partners/suppliers and you hereby authorise nessa to do so.
You will not use any trademarks, trade names, logos and service marks on our Services without permission
6. Intellectual property
6.1 All trademarks, trade names, logos and service marks appearing on nessa’s website/Services belong to nessa or its relevant partners/suppliers.
6.2 You are prohibited from using, reproducing, modifying, distributing nessa or its relevant partners/suppliers’ trademarks, trade names, logos and service marks in any form or by any means without the prior written permission of nessa or the relevant owner.
You will honour your payment obligations
7. Fees and charges
You shall be liable to pay all fees and charges as indicated below without any set off, counterclaim, deduction or withholding whatsoever, depending on the package you are subscribed on subscription start date.
|| TYPE OF FEE
||Deposit/Upfront payment required for each subscription
||One off basis; fee varies according to package – refer to individual contract.
||Monthly Subscription Fee
||Fee varies according to package and number of Hearing Aids. Refer to individual contract.
||Add On (Optional)
||Battery Club; Extended Warranty; Consultation Fee
Fee varies according to package. Refer to individual contract.
|| Subscription Cancellation Fee (If applicable)
||Full contract value minus upfront payment, minus monthly subscriptions already paid.
7.2 The fees and charges are payable as follows:
(a) Deposit/upfront payment and the first instalment are to be paid on the date of your subscription. Subsequently, you will be billed monthly for your remaining instalments.
(b) Any additional services requested will be charged on a one off basis, together with your monthly billing for the month where the additional services are requested.
If you choose to make your full payment upfront, clause 7.2(a) and 7.2(b) will not apply to you. Any additional services requested will be charged to you on a one off basis shortly after the date of your request.
7.3 nessa reserves the right to offer different users with different fees and charges at its sole discretion.
7.4 Without prejudice to these Terms, nessa reserves the right to vary the fees and charges at any time and you shall not be entitled to such revision benefits after the date of your subscription.
7.5 All fees and charges are collected by a nominated billing agent on nessa’s behalf. nessa may collect and store your payment details ie: credit card and bank account details which you provide when making payment. You acknowledge and agree to nessa’s collection and retention of your payment details.
7.6 You will be subjected to a late payment fee, if we do not receive payment from you two weeks from the payment due date.
8. Trial Termination and Return Policy
8.1 You may exercise your rights to terminate your trial with us at any time during the 2-week period. However, before you exercise your termination rights, we would like to request for your co-operation to meet the following process:-
– Where you are unsatisfied with the use of the hearing aid, we will arrange an appointment for you at our Service Centre for a full Audiological assessment (PTA, Tympanogram, Speech discrimination test, REM, Functional gain) to be performed on you.
Once the process is fulfilled, you may consider continuing the trial for another 7 days, or if you are certain that the hearing aid is not for you, you may immediately terminate your trial with us. Your subscription term with us and grounds where our Services may come to an end.
8.2 In the event that you are not satisfied with our product(s), you may return them in its original working condition together with all complimentary items within 14 days from date of purchase.
Refunds will be processed via cheque, credit cards or bank transfer. This clause will not be applicable to customers who underwent the 14 days trial period.
9. Term and Termination
9.1 You acknowledge that your subscription term to our Services is for a period of 24 or 36 months (package dependent). Upon expiry of the term, the Services will continue to be provided to you on a month to month basis (‘continued term’) and you are liable to pay the fees and charges for the continued term, unless you provide us with a written notice of your intention not to continue with our Services 1 month before the expiry of the term.
nessa may at its sole discretion revise the fees and charges after the 24th or 36th month (package dependent), and keep you informed of the same. If you are not agreeable to the revised fees and charges, you may terminate without cost by providing us with a written notice of your intention not to continue with our Services upon the disclosure of our revised fees and charges.
9.2 Either party may terminate for cause if the other party is in material breach of these Terms, which breach, if capable of being cured, is not cured within thirty (30) days after such party gives the breaching party written notice of such breach.
9.3 nessa may terminate provision of certain Services in the event its partner/supplier terminates provision of its Services, ceases to do business or terminates its business operations and such termination affects nessa’s provision of such Services to you. In the unlikely event of such occurrence, nessa will at its sole discretion arrange for replacement/substitution of the Services of similar value to you.
9.4 nessa may terminate for cause if you fail to pay any amount due to nessa within thirty (30) days after nessa gives you written notice of such non-payment.
9.5 Termination of the Services by nessa in pursuant to clause 9.2 and 9.4 or any request for Service suspension/cancellation from you will subject you to cancellation fee abovementioned.
9.6 Clause 6, 9, 10 and 13 will survive termination of these Terms.
A disclaimer of our legal liabilities safety, quality and reliability of our Services
Limits of our legal liabilities to you
You are responsible for your actions when using our Services
You will defend us from third party action brought against us as a result of your wrongdoings
10. Liability and indemnity
10.1 You agree that your use of the Services is entirely at your own risk.
10.2 You agree and acknowledge that:
(a) The Services are provided to you on an ‘as is’ basis and nessa neither represents nor warrants, express or implied, by statute or otherwise, regarding the Services provided by nessa or its partners/suppliers. nessa to the extent permissible by law, expressly disclaims all express and implied warranties including without limitation any warranty of fitness for a particular purpose, merchantability, uninterrupted access, safe, error free, free of harmful components;
(b) In no event will nessa be liable to you for any consequential, indirect, special, punitive, exemplary or incidental damages incurred by you, whether foreseeable or unforeseeable and regardless of whether you have been expressly advised of the possibility of such damages including damages for (i) any unanticipated or unscheduled downtime of all or a portion of the Services for any reason (ii) unavailability or non-performance of any of the Services (iii) cost of procurement of substitute services (iv) any unauthorised access, deletion or loss of your information, whether arising out of breach or failure of warranty or related remedies, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise;
(c) nessa will not be liable for any damages caused by any delay in delivery of the Services;
(d) nessa will not be liable for any damages/loss caused to you as a result of your use of the Services;
(e) nessa will not be liable for any damages/loss caused to you by its partners/suppliers/third party delivering the Services to you, at your premise or remotely;
(f) nessa shall not be liable for any causes beyond nessa’s reasonable control including but not limited to any acts of God, diseases, epidemics, social or civil unrest, catastrophic incidents, riots, vandalism, terrorism, lightning, power failure, fire, flood, earth quake, emergency, curfew, industrial disputes, acts or omissions of any person for whom
nessa is not responsible, or any such similar causes which affects nessa’s provision of Services to you;
(g) Risk in the Services passes to you on delivery;
(i) When using the Services, you will not download, distribute, link to or solicit content that:
(ii) violates any applicable laws or regulatory requirements;
(iii) infringes any intellectual property right, privacy or publicity rights of any person;
(iv) contains any obscene, offensive, defamatory or otherwise actionable material;
(v) contains any material in any form that would render nessa liable to proceedings whatsoever.
In doing so, you agree to be solely responsible for all your actions related to the abovementioned prohibited activities.
10.3 If, notwithstanding these Terms, nessa is held to be liable to you for any loss, damages that arise with your use of the Services under these Terms, nessa’s aggregate liability to you shall in no event exceed the total contract value of your subscription (as defined in definitions below).
10.4 During the term of Services, and notwithstanding termination of the Services, you shall defend, hold harmless and keep nessa fully indemnified against any third party claims and/or Losses, arising out of or relating to:
(a) your use of the Services in a manner not authorised by these Terms or the partners/suppliers/third party terms;
(b) breach of these Terms, partners/suppliers/third party terms and/or your violation of applicable laws; and
(c) any alleged infringement or misappropriation of any third-party intellectual property rights by you for any reason whatsoever.
Transferring rights/obligations from yourself to another
11.1 You shall not assign, transfer or encumber any or all of your rights, interests and obligations under these Terms without the prior written consent of nessa.
Enforceability of these Terms
12.1 No failure to exercise or enforce, and no delay on the part of nessa in exercising or enforcing its rights under these Terms shall operate as a waiver of any of these Terms.
12.2 If any part of these Terms is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
In the unlikely event of any dispute, the laws of Singapore will apply
13. Governing Law
13.1 These Terms shall be governed by and construed in accordance with Singapore laws and you agree to submit to the exclusive jurisdiction of the Singapore courts.
We do not hold ourselves as medically certified Services
You are aware of our trial terms and warranties offered.
14.1 Any information and hearing test provided on nessa’s website is for informational purposes and does not constitute medical or other professional advice. Audiological and audiometric evaluations are only carried out following your subscription to our Services.
14.2 Relevant portions of these Terms are applicable to you when you sign up with us for a trial of the Services. When you sign up for a trial with us, you are aware of Clause 2 of the FAQ and in addition, you acknowledge and agree to the following:
(i)The hearing aids are property of nessa, which are on loan to you.
(ii) The 2 week trial starts on the date when the hearing aids are delivered to you.
(iii) We will return your paid deposit within 30 business days if you decide to cancel the trial before the end of the 2 week period.
14.3 nessa provides limited warranty for the hearing aids, which are specified in clause 10 of the FAQ.
15. Ownership of hearing aid
When you subscribe to the Services and subject to your payment made in Clause 7 and adherence to these Terms, the title to the hearing aid shall pass from nessa to you on the date of your receipt. This means that the risk of loss or damage to the hearing aid shall remain with nessa and only pass from nessa to you on the date you receive the hearing aid.
Some useful definitions for these Terms
16.1 In these Terms, the following words and expressions shall have the following meanings:
“Losses” mean any claims, damages, losses, liabilities, costs and expenses (including attorneys’ fees).
“Services” mean the list of items provided to you when you subscribe to our package.
“Total contract value of your subscription” means the 24 or 36 instalments (package dependent) or full upfront payment of the relevant package that you’re subscribed on (in the fees and charges table in clause 7.1) including the deposit/ upfront payment.
16.2 The headings or titles to the Clauses in these Terms are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of these Terms.
You acknowledge that your subscription term to our Services is for a period of 24 or 36 months (package dependent). Upon expiry of the term, the Services will continue to be provided to you on a monthly basis (‘continued term’) and you are liable to pay the fees and charges for the continued term, unless you provide us with a written notice of your intention not to continue with our Services on the 23rd or 35th month.