Term and Conditions

Privacy Policy

You acknowledge and consent to your personal information being used, disclosed and otherwise handled in accordance with our Privacy Policy.
 

About this website

This website is owned and operated by Australian Hearing Services (ABN 80 308 797 003) (referred to herein as  "Hearing Australia", "we" or "us"). These website Terms of Use apply to your use of this website. By accessing or using this website, you agree to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use this website.

Please check this link regularly, as these Terms of Use may be amended or updated by us in our discretion from time to time. Any amendments or updates made to these Terms of Use will be effective upon their posting on this website.

Cookies

This website may use "cookies" or collect information about people who access the website.  Our Internet server may automatically record details about any computer used to access the website (such as the IP address, domain name and browser type), the date and time of access, and details of the information downloaded. This information is used for internal statistical purposes and to improve this website.
 

Use of site

The information and materials on the Australian Hearing website are intended to outline our services and general matters of interest. If you use or rely on this material, you do so at your own risk.
 

Ownership of content

Unless otherwise indicated, we reserve all copyright in the content and design of this website. As between us and you, we own all such copyright or use it under licence or applicable law.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any information on the website may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of Australian Hearing.

Hearing Australia reserves all other rights in the information and materials on the website and the Hearing Australia website itself.
 

Third party content

The website may contain text, images, data and other content provided by a third party and displayed on the website (Third Party Content).  We may not check Third Party Content for viruses or other harmful code.
 

Links to third party websites

This website may contain links to other websites owned by third parties. Before you use any third party website, you should review the applicable terms of use and policies for such websites. The inclusion of a link in this website does not imply our endorsement of such third party website. If you decide to access any such linked websites, you do so at your own risk.

Use of chatrooms and other communication forums

The website may include chat rooms, or other communication facilities. You are solely responsible for any information you post in any forum made available in, on, or through this website. The website shall be used for lawful purposes only and in accordance with these Terms of Use.

No material shall be posted in, on, or through the website that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, reflects negatively on us, or is otherwise objectionable, gives rise to civil liability, or otherwise violates any law, or that encourages conduct that would constitute a criminal offence.

Hearing Australia has the right to remove messages posted in, on or through the website, that violate the legal rights of others, the stated guidelines for posting messages or breach of these Terms of Use.

You agree not to:

(1) Upload, post, or otherwise make available any material protected by copyright, trademark, or other proprietary right on the website, without the express permission of the owner of the copyright, trademark, or other proprietary right.

The burden of determining that any material is not protected by copyright, trademark or other proprietary right rests on you. You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any uploading, posting, or submission.

(2) Upload files to this website that contain viruses, corrupted files, or other similar software or programs that may damage the operation of another person’s computers, software, websites, or network.

You will be solely responsible for damages arising from any claims that files posted by you caused damage to the operation of another person’s computer, software, websites, or network.

Hearing Australia has the right to monitor the content of any chatroom, forum or other communications facility on its website to determine compliance with these Terms of Use and any other operating rules established by Hearing Australia. Hearing Australia may in its sole discretion, edit, refuse to post, or remove any material submitted to or posted in, on, or through this website, including due to any breach of these Terms of Use. Hearing Australia also reserves the right to deny in its sole discretion access to any person to this website or any portion thereof without notice.
 

Limitation of liability

To the maximum extent permitted by law, we:

(1)  Exclude all liability to any person for loss or damage of any kind, however arising from or relating in any way to this website or the information on it, whether in contract, tort (including negligence), statute, equity, indemnity or otherwise. This includes, but is not limited to, the transmission of any computer virus;

(2) Make no warranties or representations regarding the quality, accuracy, completeness, suitability or fitness for purpose of the materials on this website;

(3) Do not warrant or represent that this website or information on it will not cause damage or is free from any computer virus or any other defects or errors; and

(4) Exclude all liability to users of the website for any loss or damage howsoever caused resulting from the use of the website and/or the information on it.

(5) Take no responsibility for Third Party Content and make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

(6) Are not responsible for examining or evaluating, and we do not warrant the products or offerings of any third parties, or the accuracy of the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of any such websites.

Nothing in these Terms of Use is intended to exclude, restrict or modify any rights which you may have under the Competition and Consumer Act 2010 (Cth) ("CCA") or any other legislation which may not be excluded, restricted or modified by agreement. If the CCA or any other legislation implies a condition, warranty or other term into these Terms of Use or provides you with a statutory guarantee in connection with these Terms of Use in respect of goods or services supplied (if any), and Hearing Australia’s liability for breach of such condition, warranty, other term or guarantee may not be excluded but may be limited, Hearing Australia’s liability for any breach of that condition, warranty, other term or guarantee is limited to:

(1) In the case of a supply of goods, Hearing Australia doing any one or more of the following (at its election):

(a) replacing the goods or supplying equivalent goods;

(b) repairing the goods;

(c) paying the cost of replacing the goods or of acquiring equivalent goods; and/or

(d) paying the cost of having the goods repaired; or

(2) In the case of a supply of services, Hearing Australia doing either or both of the following (at its election):

(a) supplying the services again; and/or

(b) paying the cost of having the services supplied again.

To the maximum extent permitted by law, under no circumstances will Hearing Australia be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Hearing Australia website, these terms of use or their subject matter.

The limitations and exclusions of liability are also held by Hearing Australia for the benefit of its officers, employees, servants and agents.
 

Indemnity

You agree to indemnify and hold harmless Hearing Australia and its respective, officers, directors, employees, agents, licensors and service providers, from any and all third party claims, losses, liability, damages, losses, costs and expenses (including reasonable solicitors' fees and costs) arising from your breach of these Terms of Use.  We will notify you promptly of any such claim, liability, loss, cost or expense.
 

Entire agreement

These Terms of Use record the entire agreement between the parties and supersedes all earlier agreements and representations by the parties about its subject matter and may only be altered by agreement between all parties. You acknowledge and agree that Hearing Australia may amend or update these Terms of Use from time to time.
 

Governing law

These terms of use shall be governed by and construed according to the law of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State and the courts that hear appeals from them.