Terms of Sale

Overview

These Terms of Sale constitute a legal agreement between you and Audyse Technology Inc., referred to throughout this document as (“Audyse”, “we”, “us”, and “our”). These Terms of Sale apply to the purchase of any Audyse product (“Products”) and services (“Services”) which are made by you through the Audyse website (“Audysetech.com” or the “Website”), or over the phone/chat/text with the Audyse support team. A different version of these Terms of Sale may apply based on your geographic location and, if this is the case, the applicable version will be presented to you at the point of purchase.

Your purchase and/or use of the Products and Services is subject to our Terms of Service and our Privacy Policy. By placing an order, you agree to be bound by these Terms of Sale, the Terms of Service, and our Privacy Policy.

 

Section 1 - Products and Prices

Not all Products and Services featured on our Website are available for purchase and certain Products and Services may be displayed for promotional purposes only. All products advertised for purchase by Audyse are subject to availability and may be subject to quantity limits, which we reserve the right to impose at our discretion. Prices are subject to change without notice. Unless it is clearly stated otherwise, or we are required by law to display prices inclusive of taxes, charges, and other fees, the prices displayed by Audyse do not include applicable taxes, shipping and handling charges, duties, or other fees.

We attempt to be as accurate as possible and to eliminate errors on our Website; however, we are not responsible if information made available on this site – including but not limited to, descriptions, pricing, or other Product or Service related information – is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk and in the event of an error, we reserve the right to correct such error and revise your order accordingly, which includes charging the correct price, or to cancel any order and refund the amount charged.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 2 - Orders

The presentation of Products and Services by Audyse shall not be considered a binding offer, but rather an invitation to place an order. At our sole discretion, we may cancel or refuse any order for any reason at any point during the purchase process prior to delivery, including the time after an order is submitted, regardless of whether the order has been confirmed. Unless otherwise agreed to or specified, payment must be received by Audyse prior to Audyse’s acceptance of the order. Audyse does not warrant that it will charge your credit card at the time of purchase and may, in its sole discretion, choose not to charge your credit card until after your order has been delivered.

 

Section 3 - Limited Edition

Audyse may occasionally offer variations of a Product in limited quantity (“Limited Edition Products”), including, but not limited to, “Founders Edition” or “Experimental” Products. Limited Edition Products may be visually different and may function differently than standard Products. Limited Edition Products are subject to limited availability and are not eligible for replacement, refund, or exchange unless otherwise agreed to by Audyse.

 

Section 4 - Resale

Unless specifically agreed to in writing by Audyse, Products purchased through Audyse are not authorized for resale or export. Audyse sells and delivers Products to end-user customers only and Audyse reserves the right to cancel your order if we suspect you are purchasing Products for resale or export. The resale of an Audyse Product without the express authorization of Audyse is an infringement of Audyse’s rights. The submission of an order shall constitute full acceptance of these restrictions by you.

 

Section 5 - Taxes

You are responsible for any sales or other governmental taxes, fees, or duties (collectively the “Taxes”) due in connection to your purchase and use of Products and Services. Audyse collects Taxes if we determine we have a duty to do so based on the type of Product(s) or Service(s) purchased by you; the date of dispatch of the Product(s) or Service(s); and your delivery address.

 

Section 6 - Risk of Loss and Delivery

You agree to pay the delivery and handling charges displayed when you place your order. We reserve the right to adjust these charges from time to time, but you will be informed of the applicable charges before you complete your purchase. Any delivery dates or times provided during checkout are estimates and not guaranteed. Any quoted timelines for shipping refer to transit time only and additional processing time may be required. Unless otherwise stated, the risk of loss or damage to a Product passes to you once it is dispatched to your specified delivery location. You have 30 days from the dispatch date to notify Audyse of any missing, incorrect, or damaged items in your order.

 

Section 7 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

IN NO CASE SHALL OUR STORE, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of these limitations may not apply to you. 

Section 8 - Third-party products and services

Audyse does not warrant, endorse, guarantee, or assume responsibility for any product advertised or offered by a third party through the Website or any website featured or linked to through the Website, and Audyse will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. Audyse will not be liable for the offensive or illegal conduct of any third party. You voluntarily assume the risk of harm or damage from the foregoing. The foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.

 

Section 9 - Repair services

All determinations regarding the eligibility of a Product for repair services (including replacement services) shall be made by Audyse and shall be final. Audyse shall at all times have complete discretion to determine if a Product is eligible for repair services. 

Audyse will endeavour to complete any repair services in a reasonable time, but any completion deadlines or estimates of which you are notified are non-binding. Audyse is not responsible for any damages or costs incurred for any delay in completion of repair Services.

 

Section 10 - Return Policy

Audyse maintains complete discretion with respect to the return policy applicable to all Products and reserves the right to refuse any return for any reason or for no reason at all. Final sale products, shipping, and handling charges, and certain taxes paid are not refundable.

In order to request a return, you must:

• Purchase your Product directly from Audysetech.com;
• Request a return authorization within thirty (30) days from the date of purchase;
• Deliver the Product (including all accessories, cases, and parts included in the original packaging) in good physical condition to Audyse within thirty (30) days of receipt of your return authorization number; and
• Include the return authorization number with your return.

You are solely responsible for the Product and will bear any risk of loss until Audyse confirms receipt of the Product to you. Audyse shall have no liability for any lost, stolen, or damaged Product prior to confirmation of receipt by Audyse.

If your return fails to meet any of the conditions of this Return Policy, Audyse may, in our discretion, refuse to accept it.

EXCEPTION TO RETURN POLICY. UNLESS OTHERWISE EXPRESSLY AGREED TO BY AUDYSE, LIMITED EDITION PRODUCTS ARE CONSIDERED FINAL SALE PRODUCTS AND DO NOT QUALIFY FOR RETURN, EXCHANGE, REPLACEMENT, OR REFUND. IF YOUR LIMITED EDITION PRODUCT ARRIVED DAMAGED OR YOU HAVE RECEIVED THE WRONG PRODUCT, PLEASE CONTACT US AS PROVIDED BELOW.

To initiate a return, please contact us at contact@audysetech.com

 

Section 11 - Personal Information (Return or Refund)

Before sending your Product to Audyse for any reason, including repair or return, you are required to, using your own means, remove all confidential, proprietary, and personal information. Audyse is not responsible for any confidential, proprietary, or personal information that may be included with your return.

 

Section 12 - Contact us

Questions about the Terms of Sale should be sent to us at contact@audysetech.com.