Audicus Premier Terms Of Service
Audicus Premier is a membership program with a set-up fee and monthly payments. It gives you access to high-quality hearing aids, a direct customer service line, the Audicus Care package (which is automatic delivery of the consumables listed below), lost/stolen protection, free repairs, cleanings, free reprogrammings, as well as a new pair of hearing aids every 18 months. Premier is not a payment plan, and you do not own the hearing aids. As a Premier member, you pay the monthly fee as long as you have the hearing aids. If you no longer wish to be a Premier member, you can cancel anytime – simply contact us to return your hearing aids to cancel the membership.
Benefits of Audicus Premier
As an Audicus Premier member, you will receive the following benefits:
- An Audicus Care package will be sent to your mailing address every 6 months at no charge (beyond your monthly Premier fee). You can also request more supplies at any time and we will send them to you free of charge, assuming you are current in your Premier payments. The Audicus Care package includes:
4 × Domes
4 × Earwax guards
2 × Retention guards
4 × Cleaning wipes
1 × Cleaning brush
1 × Desiccant pack
- Free cleanings and repairs for as long as you’re a Premier member.
- Loss and Damage Protection. If your hearing aid is damaged, send it back for a free repair or replacement. If you’ve lost it, get it replaced for only $150 per hearing aid.
- A pair of new Audicus hearing aids after 18 months. After 18 months, you simply send us back your old hearing aids and we will provide you with a new pair of the latest-generation Audicus hearing aids.
How am I billed for Audicus Premier?
Audicus Premier has a one-time set-up fee of US $249. This fee is charged on the date of sign-up and covers the cost of customizing and shipping your hearing aids to you. Monthly Audicus Premier fees will be charged to your credit or debit card in the month you sign up and are automatically charged each month thereafter.
How do I cancel Audicus Premier?
Audicus Premier Membership does not affect your 100-day 100% money-back guarantee. If you are not happy with your hearing aids, contact our Customer Service to initiate a return within 100 days (the package must be postmarked within 100 days) and you will receive a full refund for both the set-up fee and any monthly payments charged.
If you are outside of your trial period, you may cancel your Premier membership at any time by contacting Customer Service to notify us of the cancellation and sending your hearing aids back to us. Once we receive your hearing aids, you will not be charged any further monthly payments.
What if I want to buy my hearing aids outright?
Audicus Premier is not a payment program, and you do not own your hearing aids. Rather, for the duration of your membership, you are leasing the hearing aids. However, you can purchase your hearing aids at any time. If you would like to purchase your hearing aids while you are within your 100 day trial period, a credit will be applied towards your purchase equal to the payments you’ve made for Premier to that date. If you’d like to purchase your hearing aids and are outside the 100-day trial, a $350 credit will be applied to a hearing aid purchase of your choice. If you’d like to purchase your Premier hearing aids, please contact our Customer Service team.
How do I get my hearing aid upgraded after 18 months?
As an Audicus Premier member in good standing, you’re eligible for a new hearing aid every 18 months. You will not be charged another set-up fee, and your monthly payments will not change, even if Premier has become more expensive. Simply contact our Customer Service team to initiate the upgrade and we will get everything set up for you!
Am I eligible for Audicus Premier?
You must be over the age of 18, located in the United States, and have a valid credit or debit card to be enrolled as an Audicus Premier member
Audicus Terms of Service
You also agree that you have read, understand, and agree to our Terms of Service and Privacy Policy.
Additional questions? Please Contact us
Terms of Service
Audicus, Inc. (“Audicus”, “we”, “us”, “our”, “The Company”), is the owner and operator of the website https://www.audicus.com and its landing pages (“The Site”). The following Terms of Service govern the use of this website. “Client”, “You” and “Your” refers to you, the person accessing this website and by doing so, accepts the Company’s Terms of Service. Please read these Terms of Service carefully.
Audicus reserves the right to alter these Terms of Service, with the new terms becoming effective as of the date of publishing, indicated at the beginning of the post. These terms are binding upon you and you should read them whenever you use the Site.
Privacy
Please review our privacy policy, which governs your visit to the Site.
No Professional Advice
Any information supplied through this website or by any of our employees or agents, whether by telephone, e-mail, letter, fax, or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. Health-related information provided through this website is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. 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.
Permitted Use
The Site is not intended for anyone under 18 years of age. You may not use the Site for anything but for personal, non-commercial purposes. You therefore warrant to Audicus that you will not use the Site for anything that is unlawful or prohibited by these Terms of Service. We reserve the right to refuse service, discontinue transactions, terminate accounts, or cancel orders in its sole discretion.
Children
Audicus does not sell products for purchase by children. Children should not submit any Personal Information to us. If you are under 18 years of age, you may only use the Site with your parent or guardian. Parents should be aware that Audicus’ Privacy Policy governs our use of Personal Information. That information which is voluntarily given by children or others in chat sessions, email exchanges, bulletin boards, or the like may be used to generate unsolicited mail. Audicus encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and other related login and account information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. In consideration of your use of this website, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the forms for your account, prescription, 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 this website. Account Information and certain other information about you are also subject to our Privacy Policy. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Shipping
All products purchased through the Site are shipped and billed by Audicus. Risk of loss passes to the purchaser upon delivery of a product to a common carrier. Orders are typically shipped standard ground. Shipping fees on returns will be incurred by the user. Note also that for international orders, Audicus will not be able to cover shipping and customs costs (if applicable).
Returns & Promotions
All Audicus products sold are subject to a 100-day money-back guarantee, less return shipping fees. Audicus will not refund products that were modified, damaged through no fault of Audicus, or repaired without the written consent of Audicus. Any promotion is contingent on the hearing device(s) being kept within the 100-day trial period. Any returned hearing device(s) are not subject to a) any monetary value based on the discounted amount applied to the original purchase b) all promotional gift(s) must be returned as part of the 100-day trial period for a valid refund.
All Audicus promotions (“promotions”, “promotion codes”) are subject to the terms of the promotion. Promotion terms are subject to change from promotion to promotion and only one promotion can be applied to a given sale. Promotions are valid for purchases of hearing aids only; promotions are valid during the dates indicated on the Audicus site and/or through official email communication from Audicus. Audicus reserves the right to remove or void a promotion at any time, including in cases of improper/unlawful application of promotion codes (i.e. to ineligible/non-hearing aid orders, or to orders placed outside of the valid promotion dates).
Reselling Products Prohibited
You are prohibited from reselling in any manner any products you purchase from Audicus, whether you purchased the products through the website or by any other means.
Reviews, Comments, Communications, and Other Content
You may post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Audicus a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Audicus and any of our sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this agreement and will not cause injury to any person or entity; and that you will indemnify Audicus for all claims resulting from content you supply. If you use a Community Forum, you are solely responsible for your own communications and the consequences of posting those communications. We take no responsibility and assume no liability for any content posted by you or any third party.
Disclaimer of Warranties
Neither Audicus nor its employees, agents, Suppliers, third-party information providers, merchants, licensors, or the like warrant that the Site or its operation will be accurate, reliable, uninterrupted, or error-free.
Without limiting the foregoing, everything on the Site is provided to you “as is” and “as available” without warranty of any kind, either expressed or implied, covering the products available on the Site and the accuracy of the information contained within your account or within the Site. Audicus makes no warranties about the accuracy, reliability, completeness, or timeliness of the Site’s content, software text, graphics, and links, or about results to be obtained from using the Site or Audicus’ services.
If your use of Audicus results in the need for servicing or replacing property, material, equipment, or data, Audicus is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Site on behalf of Audicus. Audicus reserves the right to change or discontinue at any time any aspect or feature of the Site. Audicus does not assume any liability for the contents of any material provided on the Site. Reliance on any information presented on the Site is at your own risk.
You acknowledge that, in connection with the Site, information will be transmitted over local exchange, interexchange, and Internet backbone carrier lines and through routers, switches, and other devices owned, maintained, and serviced by third-party local exchange and long-distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Audicus. Accordingly, Audicus assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Site.
Limitation of Liability
In no event will Audicus or its affiliates, or any party involved in creating, producing, or delivering this service, be liable for any direct, indirect, special, or punitive damages and costs (including, without limitation, health problems, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) arising out of your access, use, misuse or inability to use the Site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure. Audicus reserves the right to alter the content of the Site in any way, at any time, for any reason, without prior notification, and will not be liable for possible consequences of such changes. These limitations apply even if Audicus has been advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the liability in such jurisdictions shall be limited to the extent permitted by the law.
Indemnification
Upon a request by Audicus, you agree to defend, indemnify, and hold Audicus, its officers, directors, employees and agents, licensors, and suppliers harmless from and against any claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site in a manner that violates or is alleged to violate these Terms of Service.
Links
Occasionally, we may make available a link to a third party’s website. These links will let you leave this website. 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.
Copyrights
Audicus retains full copyright ownership, rights, and protection in all material contained on the Site (including all software, HTML code, Java applets, Active X controls, and other code). Except as otherwise expressly provided in these Terms of Service, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Site without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images, or other material found on the Site.
You may, however, make single copies of materials displayed on the Site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Audicus or the copyright owner of the copied material.
None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Audicus.
Trademarks
All rights in the product names, company names, trademarks, service marks, slogans, logos, product packaging, and designs (“The Audicus Marks”) of all Audicus’ or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Audicus or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. You may not use the Audicus Marks without written authorization from Audicus and by using the Site, you acknowledge that the Audicus Marks are valid trademarks. Third-party trademarks used on the Site are the property of their respective owners.
Termination
You agree that Audicus may terminate your use of the Site for any reason, with or without notice to you. You also agree that Audicus may modify or discontinue the Site, with or without notice to you, and that we will not be liable to you or any third party as a result of such modification or discontinuation.
General Provisions
You expressly agree that exclusive jurisdiction for any dispute with Audicus, or in any way relating to your use of the Site (“Legal Action”), shall be the courts of New Jersey, State of New Jersey. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the District of New Jersey. These Terms of Service are governed by the internal substantive laws of the State of New Jersey, without regard to conflict of law principles. If any provision of these Terms of Service are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to Audicus must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
Notification of Changes
Audicus reserves the right to amend this Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Service to which you are bound. Your use of the Site after the posting of modifications to the Terms of Service will constitute your acceptance of this agreement, as modified. If at any time you do not wish to accept this agreement, you are not thereafter authorized to use the Site.
Survival
The provisions “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” “Trademarks,” and “General Provisions” will survive termination of this agreement.
Questions
If you have any questions about these Terms of Service please contact Audicus at contact@audicus.com or call 888-979-6918.
Warranties
Audicus provides a 24-month manufacturer’s warranty on each hearing device, starting on the date of shipment to you. If, after examining the hearing device(s), Audicus determines that the unit(s) failed to work due to parts, materials, or workmanship, the device will be repaired or replaced for free. The guarantee will not be valid if the device has been modified or damaged by the user (e.g. physical shock, damage from moisture or sweat, excessive wax build-up, or tampering with the instrument) or if the serial number has been altered, or if repairs have been made without the consent and knowledge of Audicus.
Return Policy
If for whatever reason you aren’t 100% happy with our hearing instruments, you can return them to us for a full refund within 100 days from the shipment date.
If you are returning your hearing device during the 100-day span because it stopped working correctly, please consult our troubleshooting guide first and/or do the following checks:
- Clean the device
- Insert new batteries
- Make sure the device is switched on and is not set to the Telecoil function
Before returning your hearing device please contact us (888-979-6918), and we’ll do our best to help you benefit from the devices. To return your hearing device, Mail it to the following address:
Audicus, Inc
39 W 29th St
8th Floor
New York, NY 10001
Insure the package and/or get a tracking number and/or have signature confirmation to ensure it gets delivered to us. We cannot be held responsible for any lost or damaged shipments and will not accept damaged hearing instruments.
Note that the returns policy will not apply, if an Audicus device has been modified or damaged, or if the serial number has been altered, or if repairs have been made without the consent and knowledge of Audicus. In such case, you will be billed for the full amount of the device.
Medical Opinion
The purchaser has been advised at the outset of the purchaser’s relationship with Audicus that any examination or representation made by a hearing aid provider or audiologist in connection with the practice of dispensing, fitting, or dealing in hearing aids is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and, therefore, must not be regarded as medical opinion or advice. A hearing aid or PSA will not restore normal hearing nor will it prevent further hearing loss.
Customer Consent for Use and Disclosure of Protected Health Information
The purchaser hereby gives consent for Audicus to use and disclose protected health information (PHI) about him/her to carry out treatment, payment, and health care operations (TPO). The Privacy Policy provided by Audicus describes such uses and disclosures more completely.
The purchaser has the right to review the Privacy Policy prior to accepting this consent. Audicus reserves the right to revise its Privacy Policy at any time. A revised Privacy Policy may be obtained by forwarding a written request to Audicus (contact@audicus.com).
With this consent, Audicus may call the purchaser’s home or other alternative location and leave a message on voice mail or in person in reference to any items that assist the practice in carrying out TPO, such as appointment reminders, insurance items and any
calls pertaining to the purchaser’s hearing aids. With this consent, Audicus may mail to the purchaser’s home or other alternative location any items that assist Audicus in carrying out TPO, as long as they are marked “Personal and Confidential.”
With this consent, Audicus may email to the purchaser’s home or other alternative location any items that assist the practice in carrying out TPO. The purchaser has the right to request that Audicus restrict how it uses or discloses the purchaser’s PHI to carry out TPO. By accepting this form, the purchaser consents to allow Audicus to use and disclose the purchaser’s PHI to carry out TPO.
The purchaser may revoke his/her consent in writing except to the extent that Audicus has already made disclosures in reliance upon the purchaser’s prior consent. If the purchaser does not accept this consent or later revokes it, Audicus may decline to provide goods and services to the purchaser.