The Audio Session (TAS) Website Terms of Service

1. Website Terms of Service

Please read the terms of service set forth below, as they apply to your access and use of our services, including our website, APIs, email notifications, applications (Services), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as Content). Your access to and use of the Services signifies your acceptance of these Terms of Service and agreement to be bound by them and any and all other applicable terms referenced herein absolutely.

2. Other applicable terms

   1. These Terms of Service refer to the additional terms in our Privacy Policy Statement, which also apply to your use of our Services.

   2. Our Privacy Policy Statement sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information both within and outside of Hong Kong for storage, processing and use by us. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services, which you may not be able to opt-out from receiving.

3. Changes of Terms

We may amend the Terms of Service from time to time at our sole discretion without notice or liability to you. By continuing to use the Services following such amendments to the Terms of Service, you agree to be bound by such amendments.

4. Changes to our Services

   1. The Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.

   2. We make no representations, warranties or guarantees, whether express or implied, that our Services or any content on our site is accurate, complete or up-to-date.

5. Accessing our Services

   1. We do not guarantee that our Services, or any content, will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.

   2. You are responsible for making all arrangements necessary for you to have access to our Services

   3. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them.

6. Your license to use the Services

The Audio Session Company Limited (TAS) gives you a personal, non-transferable and non-exclusive license to use the Content that is provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by TAS, in the manner permitted by these Terms of Service.

7. Our Intellectual Property rights

   1. All intellectual property rights subsisting in respect of the Services belong to The Audio Session Company Limited or have been lawfully licensed to TAS for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or create derivative works with respect thereto, as the website is copyrighted under applicable laws.

   2. You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (Feedback) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback

8. Limitations

YOU AGREE THAT THE SITE AND SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS, AND IS FOR YOUR PERSONAL, PRIVATE USE ONLY WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER. THE AUDIO SESSION COMPANY LIMITED, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, OF ANY KIND OR NATURE AND MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY SITE CONTENT OR THE SITE OR ANY THIRD PARTY INFORMATION. THE AUDIO SESSION COMPANY LIMITED IS NOT RESPONSIBLE FOR ERRORS OR DELAYS IN TRANSMISSION OVER THE INTERNET AND DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT THE SITE OR ANY SITE CONTENT IS FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS OR THAT THE SITE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

IN NO EVENT SHALL THE AUDIO SESSION COMPANY LIMITED OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, HARM, INJURY, COST, EXPENSE OR OTHER LOSSES OR ANY KIND OR NATURE WHATSOEVER (WHETHER BASED ON WARRANTY, CONTRACT, TORT, EQUITY, STRICT LIABILITY, PATENT OR COPYRIGHT INFRINGEMENT OR ANY OTHER LEGAL THEORY) RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR ANY SITE CONTENT (INCLUDING WITHOUT LIMITATION IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OF ANY SITE CONTENT FROM THE SITE OR SUBMISSIONS TO THE SITE OR ANY LOST FILES, DATA OR INFORMATION SUPPLIED BY YOU) OR THE USE OF, OR YOUR RELIANCE ON, ANY SITE CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE, WHETHER OR NOT THE AUDIO SESSION COMPANY LIMITED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OUGHT TO HAVE REASONABLY KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.

TAS shall not guarantee or assume any responsibility that:

• the information presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;

• the information presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;

• messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss;

• access to the Services will be available or be uninterrupted;

• use of the Services will achieve any particular result; or

• defects in the Services will be corrected.

1. 1. You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. You are responsible to ensure that your use of the information and the Services complies with all applicable legal requirements.

   2. Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Service or otherwise, you are advised to contact us at cs@theaudiosession.com. No such lack of response shall be deemed to constitute any acquiescence or waiver.

   3. The limitation of liability contained in these Terms of Service will apply to the fullest extent permitted by applicable laws.

9. Content Copyright Policy

   1. The Audio Session Company Limited respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us

   2. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on the Services is cs@theaudiosession.com.

10. Use of the Services

    1. We reserve the right at all times to suspend or terminate users without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe it is necessary to.

    2. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer program and platform in order to access our site. You should use your own virus protection software.

    3. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

11. Linking to Us

You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.

12. Third party links and resources in our site

    1. The links from the Services may take you to other sites or services and you acknowledge and agree that TAS has no responsibility for the accuracy or availability of any Information provided by third parties services and websites.

    2. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by TAS on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that TAS and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

    3. Links to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising or other materials available made available by such third parties.

13. Indemnity

You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Service and/or your use of the website. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any claim or action.

14. Severance

The illegality, invalidity or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

15. Several users

If there are two or more persons adhering to these Terms of Service as user, their liability under the Terms of Service is joint and several.

16. Waiver

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

17. Termination

The Terms of Service will continue to apply until terminated by either you or us as follows:

1. 1. You may end your agreement with us at any time for any reason by discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services

   2. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

   3. In all such cases, any provision of these Terms of Service that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.

   4. Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice.

18. Governing law and jurisdiction

These Terms of Service shall be governed by the laws of the Hong Kong Special Administrative Region. You agree to submit to the exclusive jurisdiction of the Hong Kong courts.

19. Languages

In case of discrepancies between the multiple language versions of these Terms of Service and contents of this site, the English version shall prevail.

The Audio Session Team

The Audio Session Website Privacy Policy

The Audio Session Website Privacy Policy

This privacy policy statement provides information on the obligations and policies of The Audio Session Company Limited (TAS), under the Hong Kong SAR Personal Data (Privacy) Ordinance (Cap.486). TAS reserves the right to modify this Policy at any time, and it is your responsibility to review this Policy regularly and you are deemed to be aware of such amendments. We recommend that you visit the Privacy Policy page whenever you visit this website to ensure you are aware of the terms of the current Policy

1. Collection of Information

TAS will only collect information that is necessary for us to support our business activities. Information provided to TAS through our sales, marketing and support activities, surveys, website activities and/or event registrations may be stored, analyzed and used for direct marketing purposes and to improve the way we do business with our current and potential customers.

TAS will collect information through, conversing with you (including by phone or e-mail) and/or by getting your written response and/or through our on-line facilities.

2. Use of Information

When you provide information to TAS by completing a form, submitting questions or comments or feedback concerning TAS products, our services and other topics, completing surveys and evaluations and other similar situations, we will use this information to learn about our customers and their preferences, improve our products, services and this website and for related marketing and research purposes.

3. Disclosure of Information

As a standard practice TAS does not share any personally-identifiable or private customer information with third parties, unless they are acting as an intermediary. (Some examples of intermediaries include delivery companies, direct marketing agencies acting under our instructions, authorized resellers and financial service providers), or persons to whom we are required to make disclosure under applicable laws and regulations in or outside the Hong Kong Special Administrative Region.

4. Cookies

TAS website uses cookies to distinguish you from other users of the website. This helps TAS to provide you with a positive experience when you browse this website and allows TAS to improve the website. By continuing to browse the website, you are agreeing to our use of cookies. (A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.)

5. Data Security

All information you provide to TAS is stored on secure servers, and TAS will keep your information only for as long as it is reasonably needed to fulfill the purposes for which is was collected, unless and to the extent to a longer retention is permitted or required by law.

5. Your Consent and Rights

By using our services or visiting our website, you consent to the collection and use of your information and other activities as outlined in this policy. Under the terms of the said Ordinance, individuals have the right to:

5. 1. Check whether the Company holds any personal data relating to them and, if so, obtain copies of such data;

   2. Require the Company to correct any personal data relating to them which is inaccurate for the purpose for which it is being used; and

   3. Ascertain the Company's policies and practices in relation to personal data, which are those policies and practices set out in their entirety herein.

In accordance with the terms of the Ordinance, the Company has the right to charge a reasonable fee for the processing of any data access request

Should you have questions or concerns about this Policy statement, please contact us: email cs@theaudiosession.com

MyAudioSession Apps Privacy Policy

The MyAudioSession app (operated by The Audio Session Company Limited) licenses the core technology from Aumeo (owned by ACE Communications Limited), who collects information to provide better services to all our users. The MyAudioSession app collects information in the following ways:

1.0 Information you give us.

For example, when you create an account in the MyAudioSession app, we will ask for your email address. If you want to take full advantage of the features such as the hearing test and customized sound profiles specifically for you, please consider creating a MyAudioSession app account.

2.0 Information we get from your use of our services.

We collect information about the services that you use and how you use them, like when you use the MyAudioSession Headphone to listen to music. The information we collect include:

2.1 Device information

We collect device-specific information (such as your hardware model, software version and unique device identifiers.

2.2 Log information

When you use our tailored audio algorithm and software, we automatically collect and store certain information in Aumeo’s server and device logs. This includes:

-How often you prefer to use MyAudioSession to listen to tailored audio

-The volume at which you listen to your music

-The total sound energy MyAudioSession has reduced to preserve your hearing

-When available, the meta data such as the song's name of the audio you listen to

2.3 Location Information

When you use the MyAudioSession app services, we may collect and process information about your actual location. We use various technologies to determine location, including IP address and GPS.

2.4 Unique application numbers

Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be collected.

Information we collect above, in addition to information we obtain about you from partners, may be associated with your MyAudioSession app account. When information is associated with your MyAudioSession app account, we treat it as personal information.

3.0 How we use information we collect

We use the information we collect from all our services to provide, maintain, protect and improve them, to develop new services, and to protect The Audio Session Company Limited, ACE Communications Limited and our users. We also use this information to offer you tailored content - like providing your hearing health statistics and recommendations, as well as products and music recommendations.

4.0 Information we share

We do not share personal information with companies, organizations and individuals outside of ACE Communications Limited and The Audio Session Company Limited unless one of the following circumstances applies:

4.1 With your consent

We will share personal information with companies, organizations or individuals outside of The Audio Session Company or ACE Communications Limited when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information

4.2 For external processing

We provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.

4.3 For legal reasons

We will share personal information with companies, organizations or individuals outside of The Audio Session Company Limited / ACE Communications Limited if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

-Meet any applicable law, regulation, legal process or enforceable government request.

-Enforce applicable Terms of Service, including investigation of potential violations.

-Detect, prevent, or otherwise address fraud, security or technical issues.

-Protect against harm to the rights, property or safety of The Audio Session Company Limited, ACE Communications Limited, our users or the public as required or permitted by law.

We may share non-personally identifiable information publicly and with our partners - like academic bodies, medical institutions, publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services.

If The Audio Session Company Limited and/or ACE Communications Limited is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.

The Audio Session Team

The Audio Session Product Warranty

This Warranty is only applicable to online purchases at www.theaudiosession.com. Customers purchasing products from an authorized distributor / dealer / retailer / other channel shall refer to their terms of warranty.

Online Store Terms and Conditions

Purchasing products from The Audio Session Company Limited (TAS) via the abovementioned online store constitutes your agreement to the Online Store Terms and Conditions as well as to be bound by the Terms of Service and Privacy Policy of TAS Website.

We may change the Online Store Terms and Conditions at any time. If you have questions regarding the Terms and Conditions, please contact us at cs@theaudiosession.com.

1. TAS provides a 12 month limited warranty for manufacturing defects from the date of purchase. When a warranty claim occurs, TAS may at its discretion,

(a) repair, or

(b) replace, or

(c) provide a Credit for the Product. The amount of Credit shall be equal to the price of the Product paid by the customer. TAS reserves the right to inspect any Product subject to a warranty claim to determine whether the claimed defect is a Manufacturing Defect or otherwise.

2. Purchases made via the store are intended for end users only, and are not authorized for resale.

3. TAS is not responsible for packages that were lost, stolen, damaged, denied or returned and is not obligated to give you a refund.

4. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without prior notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.

For further inquiries about TAS headphones products or services, please visit the TAS website FAQ or drop a line at Contact Us.

The Audio Session Team

The Audio Session Shipping

Free Shipping

The Audio Session offers Free Worldwide Shipping on orders over USD300 (tax-exclusive).

About Taxes and Duties

The Audio Session's products are shipped worldwide and are subject to custom duties and taxes of the destination country. The Audio Session is not responsible for import duties or taxes, if applicable, in the customer's country or state. To ensure expedient delivery, our partnered courier services may pay the extra costs and additional handling charges may occur.