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Ótologie Terms and Conditions

1 What these terms cover

These are the terms and conditions on which Otologie Tinnitus Care supplies products and services to
you. Payment for products and services shall be deemed conclusive evidence of your acceptance of
these terms and conditions. We reserve the right to further modify these terms and conditions from time to time either
upon written notification to you by email, or by posting any changes on our website www.otologie.com (the Website).
Our Privacy & Cookies Policy https://www.otologie.com/data-privacy/ and our Website Terms of Use https://www.otologie.com/legal-statement/ available on the Website also apply to these terms. You need to be at least 18 years old to place orders on the Website.

2 Why you should read them

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will supply products and services to you, how you and we may change or end the contract, what to do if there is a problem
and other important information.

3 Information about us and how to contact us

3.1 Who we are

We are Otologie Tinnitus Care, a company registered in Ireland. Our
company registration number is 653075 and our registered office is at The Digital Hub,
Unit J, Digital Court, Rainsford Street, Dublin 8, D08 R2YP, Ireland.


3.2 How to contact us.

You can contact us by telephoning our customer service team at +353 (1) 253 1448, by emailing us at info@otologie.com, or by writing to us at Otologie Tinnitus Care, Suite 36 Hermitage Medical Clinic, Old Lucan Road, Dublin 20, D20 W722, Ireland.


3.3 How we may contact you

If we have to contact you we will do so by telephone or by
writing to you at the email address or postal address you provided to us.

4.1 Our products and services

4.1 Our contract with you shall cover one or a combination of the following as chosen by you:

(a) Tinnitus Assessment (as defined below), or
(b) The Lenire® System (as defined below), or
c) Tinnitus Therapy, including Cognitive Behavioral Therapy (CBT), Mindful therapy or any other
practice of Psychotherapy that our clinical experts deem most appropriate.
d) Hearing Aids, including GN’s Resound products.
e) Wax removal

4.1 a) Initial Tinnitus Assessment – an initial medical assessment with an audiologist of Otologie Tinnitus Care (the Initial Consultation). At the Tinnitus Assessment a clinical evaluation including a review of your medical, audiological, and tinnitus history will be carried out. A range of audiological tests will be conducted by your audiologist, along with a set of tinnitus measurements. The results of this assessment allow us to personalise your treatment which could include Lenire, Tinnitus Therapy, Wax removal, Hearing Aids or a combination of these treatments. Health Screening Questionnaires. You will be asked to complete Health Screening Questionnaire(s) (via telephone, email, or on attendance at our Clinic) prior to your visit. The Health Screening Questionnaires allow us to assess your eligibility and suitability for the treatment options and assist us in the creation of an effective personal treatment plan for you.
Submitting your Health Screening Questionnaire means that you have read and agreed to
our Privacy & Cookies Policy.

Your Tinnitus Assessment and Routine Consultations can be performed online using a standard video
conferencing system or at our clinic located at Suite 36 Hermitage Medical Clinic, Old Lucan Road,
Dublin 20, D20 W722, Ireland (the Clinic).


4.1. b) Lenire® product – comprising Lenire® controller, Lenire® Tonguetip® (including
replacements sold by us to you) (the Product); Lenire® accessory – over-ear headphones (manufactured by Harman AKG) sold in conjunction with Professional audiology services – comprising of three routine follow up consultations with Otologie Tinnitus Care Limited (including a fitting consultation, and two further follow-up consultations). Routine Consultations can be performed online using a standard video conferencing system or at our clinic located at Suite 36 Hermitage Medical Clinic, Old Lucan Road, Dublin 20, D20 W722, Ireland (the Clinic).

The Product (comprising Lenire® controller, Lenire® Tonguetip®), the Accessory (Headphones), and the Services (Fitting and follow up consultations) are sold together as the Lenire® System. Use of the Product. The Product is customised for your use and your use only. The Product shall not be provided by you for use by any other person. Any such use will invalidate your warranty. Details of your warranty are found in Clause 9. The Product shall be used strictly in accordance with the Instructions for Use (as provided to you with the Product).


4.2 We may change the Product, the Accessory and/or the Services to reflect changes in relevant laws and regulatory requirements and/or to implement technical adjustments and improvements.


4.3 WE ONLY SELL TO PRIVATE INDIVIDUALS WHO HAVE BEEN RECOMMENDED TREATMENT WITH LENIRE® FOLLOWING AN INITIAL TINNITUS ASSESSMENT PERFORMED BY OTOLOGIE TINNITUS CARE LTD, OR AN INDEPENDENT TRAINED AUDIOLOGIST/ENT SPECIALIST. Individual results may vary with respect to effectiveness of the Lenire® System in circumstances where you provide us with any independent tinnitus assessment. We may request verification of any or all details on information and/or assessments provided, and/or request that you attend at our Clinic for the purposes of undergoing further assessment.


4.4 If you choose not to avail of an Initial Consultation with Otologie Tinnitus Care Ltd before you proceed with the Lenire® System, you are responsible for visiting an independent trained audiologist/ENT specialist for a comprehensive examination to identify and assess any specific issues you have and understand your treatment options to address issues personal to you. You are responsible for seeking your own professional advice.


4.5 Further consultations. If you require further personal consultations after the purchase of the Lenire® System, these can be arranged by contacting us as set out in these terms. Please note additional charges may apply for these further consultations and additional diagnostic records. Commercial details can be seen below in Appendix 1.


4.1 c) Tinnitus Therapy
Tinnitus Therapy is a form of psychotherapy which aims to change a patient’s attitude to their tinnitus and minimise its impact on their life. Tinnitus Therapy sessions are delivered by a qualified therapist specialising in tinnitus. It provides a supportive and non-judgemental environment so patients can discuss their tinnitus and guided by a therapist, develop an understanding of their tinnitus and techniques to change their thought processes, behaviours, attitudes and feelings related to it. Tinnitus Therapy can be performed online or at our clinic. Commercial details can be seen below in Appendix 1.


4.1 d) Hearing Aids
Ótologie Tinnitus Care supplies and fits GN Resound One hearing aids, prices vary and packages are available including discounted services. We offer 30 day trial, 50% of payment is required up front to order the hearing aid and any accessories. Commercial details can be seen below in Appendix 1.

5 Our contract with you

When a contract comes into existence. A contract will come into existence between you and us when a) we send you a link to an appointment slot or a quote, b) you book one of our consultations or order one of our Treatment Options c) we provide you with confirmation of receipt of your order, or b) we inform you that your appointment for a fitting visit at our Clinic has been accepted.

6 Providing the product and services

6.1 When we will provide the Product (Lenire or Hearing Aid) and Accessories. The Product and the Accessory will be forwarded to the address you have provided to us for delivery via a courier service. If you have requested a fitting consultation at our Clinic, the Product and Accessory will be provided to you at your fitting visit in our Clinic.


6.2 Shipping. Delivery and shipping charges are applicable to all orders outside of the Republic of Ireland (Delivery Charges). The Delivery Charges will be notified to you at the time of your purchase. If you are located outside of the Republic of Ireland you may be responsible for any customs duties, clearance charges, taxes, and other amounts payable in connection with the importation and delivery of the Products.


6.3 We are not responsible for delays outside our control. If delivery of the Product and/or the Accessories are delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of significant delay you may contact us to end the contract and receive a refund for the Product and/or the Accessory you have paid for but not received.

6.4 Collection by you. If you have asked to collect the Product and the Accessory from our Clinic after you have presented for your fitting visit, you can collect the Product and the Accessory from us at a mutually convenient time to be agreed by you and us, during normal business hours.


6.5 If you are not at home when the product is delivered. If there are any issues with delivery, please contact us to resolve the matter. If you do not collect the Product and the Accessory from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from us, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.


6.6 Shortages or damage claims. Claims for errors in delivery or defects apparent on visual inspection must be made in writing to us within 7 days of receipt of the Product and/or the Accessory. We will send you a replacement order but you must return the damaged goods, together with all packaging for us to inspect.


6.7 Returns. All returns shall be shipped at your expense (unless we have agreed otherwise in writing with you) and must be properly packaged as instructed by us.


6.8 When you become responsible for the Product and the Accessory. The Product and the Accessory will be your responsibility either (i) on the date of delivery to you at the address you have provided to us, or (ii) if you attend at our Clinic for a fitting consultant, from the time the Product and the Accessory is customised to your hearing profile and the
sealed Tonguetip® pouch or any other accessory is opened.


6.9 When you own the Product and the Accessory. You own the Product and the Accessory once we have received payment in full.

6.10 Reasons we may suspend the supply of the Lenire® System or Hearing Aids to you. We may have to suspend the supply of the Lenire® System or Hearing Aids to:


6.10.1
deal with technical problems or make minor technical changes; or
6.10.2 update the Product to reflect changes in relevant laws and regulatory requirements.


6.11 We may suspend or withdraw the Lenire® System. We will, where reasonably possible, and unless the problem is urgent or an emergency, contact you in advance to tell you that we will be suspending or withdrawing supply of the Lenire® System. Subject to the provisions of Clause 6.4, we will refund any sums you have paid in advance for the Lenire® System which will not be provided by us.


6.12 Updates to the Product settings (Lenire or Hearing aids). The product settings on your device may require to be changed at or after your 6 week consultation, which may result in you being without treatment for a period of up to two weeks from when we receive your Product for updating. You shall not be entitled to end the contract as a result of updates required to the device settings for your Product. If you decline to return your Product for updating, please note your treatment outcome may be affected.

6.13 Results will vary. Every person is different and a number of factors can affect your response to treatments. We do not guarantee a successful treatment outcome and further treatment may be required. Individual results will vary.

7 Your rights to end the contract

7.1 To cancel your contract. You must inform us of your decision to cancel the contract in writing by sending notice to info@otologie.com.


7.2 Your rights if we suspend or withdraw the supply of the Lenire® System. You may contact us to end the contract if we suspend or withdraw it or tell you we are going to suspend or withdraw it, in each case for a period of more than 1 month.

8 Our rights to end the contract

8.1 We may end the contract if you break it. We may end the contract at any time by writing
to you if:

(a) you do not make any payment to us or we are unable to collect payment from you when it is due and you still do not make payment within 10 days of us reminding you that payment is due; and/or

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the relevant Treatment Plan.

9 Price and payment

9.1 Where to find the price for Otologie services and Treatments. The total price of the Treatment Plan (which includes any applicable VAT) will be the prices set out in Appendix 1, unless we have agreed another price in writing with you.

9.2 When you must pay and how you must pay. We accept payment by all major credit and debit cards. You must pay for Ótologie treatments and services with the Payment Option you have selected, together with any associated Delivery Charges (where relevant). You will provide us with valid and updated credit/debit card information and shall authorise us to charge such credit/debit card as per Appendix 1. The person placing the order must be the credit/debit card holder or have the credit/debit card holder’s authorization. You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.

9.3 We can charge interest if you pay late. If you do not make any payment to us and/or if we are unable to collect any payment from you by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of Ireland from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

10 Our responsibility

(b) the products shall function in accordance with its intended use (subject to it being used strictly in accordance with the Instructions For Use provided with the Product for a period of 3 years for Lenire and 5 years for Hearing aids; and (c) The Lenire® Tonguetip® (and any replacement Lenire® Tonguetip®s purchased from us) shall function in accordance with its intended use (subject to it being used strictly in accordance with the Instructions for Use provided with the Product) for a period of 180 hours of use or 3 years after first use, whichever is shorter. Lenire® Tonguetip®s shall cease to operate after 180 hours of use.

10.1.2 You warrant that each time you submit or provide information to us, such information, including any tinnitus assessment provided by you to us, is true and accurate and can be relied upon.

10.2 Remedy. If we are in breach of the warranties our liability shall be limited to: replacement of the Product concerned; or at our option, reimbursement of the price paid applicable to
that Product.


10.3 Your misuse and negligence. We shall not be responsible nor shall we have any liability to you, where the Product (or part thereof) malfunctions due to your negligence or misuse (including but not limited to use of the Product in contravention of the Instructions for Use) and we shall not be under any obligation to replace or repair the Product (or part thereof) concerned.


10.4 No other liability. We shall have no further liability to you other than as described in Clause 10.2 whether under these conditions of sale or on any other basis including liability in tort, as a result of the sale of the Treatment Plans. Neither Otologie Tinnitus Care Limited, nor any employees, agents, representatives, suppliers, contractors, subcontractors, consultants, successors or assigns, has, can, or will make any guarantees as to the success of your
treatment outcome using the Lenire® System or other treatment options, or give any assurances of
any kind concerning any particular result of your treatment outcome using the Lenire® System.


10.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in this contract shall exclude or limit our liability for death or personal injury resulting from our negligence, nor shall the contract operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer.


10.6 Not authorised to resell devices. As the Lenire® System and hearing aids are individually customised for each individual patient’s medical requirements, the Product(s) (or part thereof) may not be sold or transferred to a third party. In the event that it comes to our attention that the Product (or part thereof) has been resold or transferred, we reserve the right to terminate this contract immediately.

11 How we may use your personal information

11.1 We will only use your personal information as set out in our Privacy & Cookies Policy. A copy of our Privacy & Cookies Policy can be found on our website at https://www.otologie.com/data-privacy

12 Intellectual property

12.1 Neuromod Devices Limited (the authorised manufacturer of the Product) owns all
intellectual property rights of the Lenire® System and nothing in this contract shall imply any transfer
or licence to you or to Otologie Tinnitus Care Ltd of such rights.

13 Other important items

13.1 Transfer of this Agreement. We may transfer our rights and obligations under these terms to
another organisation. You need our consent in writing to transfer your rights to someone
else.

13.2 Nobody else has any rights under this contract. This contract is between you and us.
No other person shall have any rights to enforce any of its terms.

13.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the
paragraphs of these terms operates separately. If any court or relevant authority decides
that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist
immediately that you do anything you are required to do under these terms, or if we delay in
taking steps against you in respect of your breaking this contract, that will not mean that you
do not have to do those things and it will not prevent us taking steps against you at a later
date. For example, if you miss a payment and we do not chase you but we continue to
provide the Treatment Plan, we can still require you to make the payment at a later date.

13.5 Which laws apply to this contract and where you may bring legal proceedings. These
terms are governed by Irish law and are subject to the exclusive jurisdiction of the Irish courts

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