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Terms of Use

Terms of Use

The following information provides important considerations for your use of Cochlear's UK/IRL website.

Thank you for visiting our website. Please read these terms and conditions carefully as they set out the terms of use subject to which you may make use of our website whether as a visitor or a registered user. These terms of use are applicable to any use of the website. By accessing or using our website, you agree to these terms of use. If you do not agree to these terms of use you may not use our website.

Last updated: April 2015

1. About us and our business

The website is operated by Cochlear AG registered in Switzerland and its registered office is at Peter Merian-Weg 4 in 4052 Basel.
The website is hosted by ServInt and its registered office is at 6861 Elm Street, McLean, VA 22101, United States of America.
The services provided through the website are supplied by Cochlear Europe Ltd. and its subsidiaries and affiliates, including its ultimate parent company (hereinafter referred to as “we”, “our” “us”, “Cochlear” and “Cochlear Group”).

2. Changes to these terms

We may change these terms of use from time to time. Your continued use of the website after any changes are posted will be considered acceptance of those changes.

These terms of use may be supplemented or amended by the terms of a “click-through” or “online” agreement between you and us. For example, when you register or become a member of the website, you may be asked to agree to terms and conditions governing your use of the members-only portion of that website. If you make a purchase on the website, you may be asked to agree to certain terms and conditions that govern your transaction. Special terms may also apply if you choose to participate in certain promotions available through the website. If special terms and conditions apply, you will be asked to expressly consent to them, for example by checking a box or clicking a button marked “I agree”. The terms and conditions of any such “click-through agreement” will supplement and amend these terms of use but only with respect to the subject matter of the “click-through agreement.”

3. Changes to the website

We reserve the right to make changes to the website for any reason and at any time.

4. Registration

Access to some areas of our website is restricted to users who have registered their details with us. You must not use a false name or impersonate another person when registering for use of the website. If you have a password for registration you should not disclose it to a third party or allow a third party to use your password to gain access to the areas and services for registered users. We may refuse or remove or suspend your registration at any time. Before you place an order for any products or services advertised on the website you may be required to complete a registration.

5. Access and use of our website

1. Access to our website is permitted on a temporary basis and we reserve the right without notice to withdraw or amend access to and use of our website at any time and for any reason. Notwithstanding any repeat visits to, continued use of or registration on the website we are not under any obligation to maintain the website and/or its services. We will not be liable for any reason if the website is unavailable at any time or for any period except under the circumstances specified in Clause 13.6.

2. You must not use our website in a manner or upload any material or link to any material which is false, fraudulent, inaccurate or misleading, obscene, offensive, defamatory, abusive or in breach of any third party rights (including intellectual property rights)

6. The Content of this website is Not Medical Advice

1. This website contains information about the Cochlear Group, our products and services, and hearing health and wellness. This website is not, however, intended to be or to be used in place of medical advice. Please read this important notice carefully:

The content of this website, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials (collectively “content”), whether provided by us or by members of social networking websites or by other third parties, is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label. Our content does not constitute medical advice. Should you have any healthcare related questions, please call or see your physician or healthcare professional promptly. You should never disregard medical advice or delay in seeking medical advice because of any content presented on this site and you should not use our content for diagnosing or treating a health problem. Additionally, the transmission or receipt of our content, in whole or in part, or communicated via the internet, email or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and us.

7. Buying goods and services through our website

Contracts for the sale of goods and/or services are governed by our Conditions of Sale. If you do not agree to our Conditions of Sale you will not be able to order any goods or services from our website.

8. Intellectual property

1. Cochlear Group is the owner or licensee of all intellectual property rights in the website, all contents of the website and all trade marks, logos and service marks (whether or not registered) which are displayed on the website. These works are protected by international laws. All such rights are reserved. 

2. You are permitted to download and print extracts from the website for your own personal non commercial use. Any other use of the website without our prior written permission is prohibited - click here if you want to contact us to ask for permission.  

3. Use of the website does not constitute in a licence to use in any way any of Cochlear Group’s registered or unregistered trade marks, logos and service marks and any of the brands which are displayed or advertised on the website. 

9. Privacy

We process information about you in accordance with our Online Privacy Policy. By using our website you consent to such processing and you confirm that the personal information you provide us with is accurate. Click here for our Online Privacy Policy.

10. Linking to our website

1. You may link from a website owned by you to our home page (only) in a way which is fair and legal, complies with paragraph 8 (intellectual property) and does not damage or take advantage of our reputation. You must not suggest any form of association, approval or endorsement with or by us except with our prior written permission. You must not establish or continue a link if your website contains content that is distasteful, offensive or controversial, infringes any rights of third parties or otherwise does not comply with all applicable laws and regulations.

2. You may not create a link to any part of our Website except for the home page

3. We reserve the right to withdraw linking permission, for any reason and at any time, without notice to you.

11. Links to third party websites

This website may include or contain links to other websites operated by third parties. If you use these websites, you will leave our website. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We make no warranty or representation regarding, and we do not endorse, any linked websites, their providers, website content, products or services. We have no control over the contents of such sites and accept no responsibility for them or for any loss or damage that may arise from your use of them or your reliance on content contained in them.

12. Interactive communications on the website

1. No confidential relationship shall be established in the event that you make any oral, written or electronic response to us (such as feedback, questions, comments, suggestions, ideas, etc.) or post comments. Such response and any information submitted shall be considered non-confidential, and we shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.

2. In respect of any information or materials you send to us or post on the website you are is fully and solely responsible for its content, including its truthfulness, accuracy and legality. You expressly guarantee that any material used or posted on the website does not infringe the proprietary or other rights of third parties.

3. Our website may include interactive platforms and applications for collaboration and information sharing (“interactive platforms”) such as mailing lists, chat rooms, blogs and wikis, which allow feedback to us and real-time interaction between users. We do not control the messages, information or files delivered through such media. The information posted reflects the opinions of the writers and does not necessarily represent the position of Cochlear.

4. It is a condition of your use of said interactive platforms and this website that you do not:

      • restrict or inhibit any other user from using and enjoying the interactive platforms ;
      • post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, hateful, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
      • post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy  rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
      • post or transmit any information, software or other material that contains a virus or other harmful component;
      • post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising.

5. You understand that we have no obligation to monitor our interactive platforms. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these terms of use. You understand that we may terminate your ability to participate in the interactive social media at any time without prior notice to you.

13. Viruses and other malicious attacks on our website

You must not misuse our website by knowingly introducing viruses or other material which is malicious or harmful. You must not try to gain unauthorised access to our website or any server, computer or database connected to our website. You must not attack our website through or by distributing any “denial of service” attack. We will report any such actions to the authorities and we will disclose your identity to them.

We will not be liable for any loss or damage caused by a denial of service attack, viruses or other harmful material which may affect your computer equipment, programmes, data or other material due to your use of our website or to your downloading of any material posted on it or on any website linked to it, except under the circumstances specified in Clause 13.6.

14. Disclaimers and limitation of liability

1. Whilst we endeavour to ensure that the information contained on the website is current, accurate and up to date at the date of publication we exclude all warranties, conditions or representations of any kind to the fullest extent permissible by law and do not guarantee the accuracy or completeness of the website or any information or content or that it is free of defects or viruses.

2. You acknowledge that the website, including the content is provided free of charge. Cochlear Group will not be liable to you or any person for any loss or damage of any kind which may arise from the unauthorized use of the website and the use of any information contained within it.

3. The website is intended for use within the United Kingdom. Cochlear Group makes no representation that any product or service or materials referred to on the website is appropriate for use, or available, outside the UK. Those who choose to access the website outside the UK are responsible for compliance with local laws if and to the extent applicable.

4. By using the website you consent to these terms of use and disclaimers. Cochlear Group reserves the right to change these terms of use and disclaimers

5. Cochlear Group will endeavour to ensure that the website is fully operational. Due to the nature of the internet, Cochlear Group cannot guarantee that the website will be free from delays, interruptions or errors.

6. Cochlear Group excludes liability for any direct, indirect or consequential loss or damage, loss of data, loss of profit or loss of opportunity arising from the use of or of any action taken or any omission in reliance on any information appearing on the website. This limitation of liability does not limit or restrict our liability for fraudulent misrepresentation or death or personal injury to the extent caused by the negligence of Cochlear Group, its directors, employees, affiliates or other representatives or for any other liability that cannot by law be excluded.

15. Indemnity

You agree to indemnify Cochlear Group from and against any claims or proceedings brought against it to the extent arising in connection with your use of the website in breach of the terms of use or with any claim for infringement of any third party intellectual property rights, or with any claim for defamation arising from your use of the website, including any information which you enter on the website.

16. Waiver

If you breach these terms of use and we take no action we will still be entitled to use our rights and remedies in any other situation when you breach these terms of use.

17. Severability

If any of these terms of use is deemed void, invalid or unenforceable, that term will be deemed to be severable and will not affect the validity and enforceability of any remaining term.

18. Applicable law and jurisdiction

The terms of use shall be construed in accordance with English law. Disputes arising in connection with the terms of use or use of the website shall be subject to the non-exclusive jurisdiction of the English courts. 

19. Contacting us

If you have any concerns about material which appears on our website click here to contact us.