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Terms & Conditions
NUANCE AUDIO™
WEBSITE TERMS AND CONDITIONS
(IN FORCE AS OF 2 APRIL 2025)
IMPORTANT
This is an agreement between you (“You”, the “User”) and Luxottica Group S.p.A., whose registered office is at Piazzale Luigi Cadorna 3, 20123 Milan, together with its parent companies, subsidiaries, affiliates, representatives, managers and directors (collectively, “Luxottica”, “we”, “us” or “our”), as owner of the website https://www.nuanceaudio.com/en-gb/ (the “Website”).
The User is required to read these Terms and Conditions (“T&Cs”) carefully before registering and using the Website. Luxottica reserves the right to modify these T&Cs at any time by publishing the updated version. By using or continuing to use our Website, the User agrees to be bound by the T&Cs in force at the time of such use. Use of this Website is expressly conditional upon acceptance of these T&Cs.
TERMS AND CONDITIONS OF USE
1. LICENCE AGREEMENT.
Luxottica hereby grants You a personal, revocable, limited, non-exclusive and non-transferable license to use the Website solely for your personal use, which does not include any activities related to a commercial, entrepreneurial or professional activity, provided that You comply with the terms of these T&Cs. Notwithstanding the foregoing, You are not authorised to modify, translate, decompile, create derivative works from, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notice or marking, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, grant a security interest in, or otherwise use the Website in any manner not expressly authorised by these Terms and Conditions.
2. PROPERTY RIGHTS.
These T&Cs provide only a limited licence to access and use the Website. As a result, You expressly acknowledge and agree that Luxottica does not transfer to You, or to any other person, any ownership, intellectual property interest, or title in or to the Website. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML code), programs, software, products, information and documentation, as well as the design, structure, selection, coordination, expression, look and feel, and arrangement of all content appearing on or made available through the Website, unless otherwise indicated, are owned, controlled, and licensed by Luxottica. The Nuance Audio™ logos and all other names, logos and icons identifying Nuance Audio™ eyewear and its products and services are trademarks owned by Luxottica. Any use of these trademarks, in particular as domain names, account identifiers or search terms, without explicit written authorisation, is strictly prohibited. Other product names, company names or logos mentioned or displayed on or via the Website may be trademarks and/or service marks of third parties belonging to their respective owners.
3. USER REPRESENTATIONS.
By purchasing Nuance Audio™ glasses, registering or using the Website, You represent that You are at least eighteen (18) years of age. In addition, You agree to comply with all applicable laws and regulations governing your use of the Website.
4. ACCOUNT CREATION.
Registration enables the User to create a personal account on the Website. The e-mail address and password are the identifiers that enable the User to access their account. When registering, the User is asked to accept these T&Cs and to confirm that they have read the Privacy Policy. Once logged in, Users undertake to keep their password secure and not to disclose it to third parties: login details are personal and non-transferable, even free of charge. You shall take all necessary steps to ensure the confidentiality of your login details.
5. LIMITATIONS.
You agree not to modify, distribute, disclose or create derivative works based in whole or in part on the Website. You may not (and You may not permit any third party to) sublicense, lease, sell, distribute, circulate, supply, transform, decode, decompile, disassemble, reverse engineer, create derivative works from, modify or translate the Website, or in any way reproduce, copy, use, or feed the Website, or any part of it, except as expressly authorised herein or permitted by mandatory law. You acknowledge and agree that the acquisition of any content or data through the use of the Website is your sole responsibility and that You are solely liable for any system damage or loss of data caused by the use of the service, even indirectly.
6. PRIVACY POLICY.
We invite You to consult Luxottica’s Privacy Policy relating to this Website, available on our site, in order to understand the methods used by Luxottica for collecting and processing Identifiable Data (“ID”). By using and accessing the Website, the User acknowledges, accepts and consents to our methods of collecting and using ID as described in our Privacy Policy.
7. EXCLUSION OF LIABILITY AND PARTIAL NULLITY.
Luxottica cannot be held liable for any errors and/or interruptions in the operation of the Website for which it is not responsible. Luxottica does not warrant or represent that the User will not suffer any direct, indirect, incidental or consequential damages arising out of the use or inability to use the Website for any reason whatsoever beyond the control of Luxottica. Furthermore, Luxottica may not be held liable for any damage resulting from a malfunction attributable to Electronic Communication Services operators with whom Users have contractual relations. Luxottica does not warrant the use, operation or results obtained from the use of the Website. The Website (and any part thereof), including, by way of example, the content, data and information associated with it, is provided “as is” and “as available”, without any warranty of any kind. Luxottica may, at its sole discretion and without any obligation to do so, correct, amend, improve or make any other modification to the Website at any time, without notice to the User. Users are required to follow the instructions for use set out in these T&Cs. Luxottica shall not be liable for any damages, direct or indirect, resulting from inappropriate use of the Website by the User or by third parties.
8. LINKS TO OTHER SITES.
Our Website may facilitate access to other sites, web applications and/or third-party applications (including any tools used to perform hearing tests). Luxottica expressly disclaims all liability regarding the content, accuracy of the information, and/or quality of the products or services offered by such third-party websites (“Third-Party Sites”), which are subject to their own terms of use and privacy policies.
9. LINKS TO OTHER SITES.
Our website may provide access to other websites, web applications and/or third-party applications (including any hearing test tools). In this respect, we make it clear that we do not assume any responsibility for these third-party sites, web applications and/or applications or for their content, whatever its nature (“Third-Party Services”), to which their own terms of use and confidentiality policies shall apply.
10. INDEMNIFICATION.
By using this Website, You agree to defend, indemnify and hold harmless Luxottica and its parent and affiliated companies, and their managers, employees and agents, from and against any loss, damage, liability, cost, expense (including legal fees) claimed by any third party and arising out of: (i) your use of and access to the Website; (ii) any content posted by the User; (iii) your breach of any of these T&CS; and (iv) your violation of any third party’s rights, including, without limitation, any proprietary, privacy or intellectual property rights. This indemnity shall survive the duration of your use of the Website.
11. ENFORCEMENT.
You acknowledge that any breach, threatened or actual, of these T&Cs will cause irreparable harm to Luxottica; such harm would not be quantifiable in terms of monetary damages, and Luxottica would not have an adequate legal remedy. You therefore agree that Luxottica shall have the right, in addition to other available remedies, to seek and obtain injunctive or other appropriate equitable relief from a court of competent jurisdiction to prevent any threatened or actual breach of your obligations under any provision of these T&Cs.
12. TERM AND TERMINATION.
These T&Cs shall terminate immediately and automatically upon our notice to that effect in the event of non-compliance with these T&Cs by the User. You may also terminate the T&Cs at any time by ceasing all use of the Website. Your obligations hereunder shall survive termination of these T&Cs for any reason whatsoever.
13. WAIVER AND SEVERABILITY.
Failure to insist on strict performance of any of the terms and conditions of these T&Cs shall not constitute a waiver of any assertion relating to subsequent breach or failure to perform. If any part of these T&Cs is held invalid or unenforceable by applicable law or court decision, including, but not limited to, the exclusions and limitations of liability set forth above, the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these T&Cs shall continue in full force and effect.
14. APPLICABLE LAW AND JURISDICTION.
This agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law provisions, and without prejudice to your rights under other applicable laws, which cannot otherwise be excluded.
15. INDEPENDENT PARTY.
You are an independent party. No joint venture, partnership, employment or agency relationship exists between You and Luxottica as a result of these T&Cs or your use of the Website.
16. ENTIRE AGREEMENT.
These T&Cs, the additional policies and any other agreements or terms with respect to the services, information or licenses available on the Website, all of which are incorporated by reference as if set forth in their entirety, represent the entire agreement between You and Luxottica with respect to the use of the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between You and Luxottica with respect to the Website.
17. NO ASSIGNMENT.
You may not assign or transfer any rights under these T&Cs without Luxottica’s prior written consent.
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