Terms & Conditions

HEARING PROFESSIONALS WEBSITE – TERMS AND CONDITIONS

The following terms (“Terms“) govern your use of our website located at www.hearingpro.com.au (“Site“) and purchase of goods or services via the Site and form a binding contractual relationship between you, the user of the Site and us, Hearing Professionals Australia Pty Ltd. Access to and use of the Site and products and services available via the Site are subject to the Terms.

For that reason these Terms are very important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us by emailing info@hearingpro.com.au (preferred) or by mail to 61 Livingstone St Ivanhoe Vic 3079.

By using the Site you acknowledge and agree that you have read and fully understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

These Terms may be amended, updated or removed by us in our absolute discretion at any time and without notice. Changes and clarifications will take effect immediately upon being posted on the Site. We encourage you to check this page regularly to take notice of any changes we may have made to the Terms.

1. Licence to use Site
   • We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the Terms.
   • You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also download or print one copy of any page or material from the Site for the sole purpose of using it as an information resource for our hearing products and services. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Site including, but not limited to, text, messages, graphics, video, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test.
   • You must not add any content to the Site:
     • unless you hold all necessary rights, licences and consents to do so;
     • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
     • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
     • that would bring us, or the Site, into disrepute; or
     • that infringes the intellectual property or other rights of any person.

2. Use of Site materials

Unless otherwise specified the materials published on the Site are presented solely for your private, personal and non-commercial use. Content on the Site is not intended to be used to diagnose, treat, cure or prevent any disease. Our free online hearing test is a way of screening hearing difficulty but it is not a diagnostic tool and we do not guarantee (nor provide any warranty as to) its reliability. If you suspect you have hearing loss, we suggest you seek medical advice and book a hearing assessment with us.

3. Linked sites and user generated content

The Site may contain links to other websites as well as content added by people other than us (“Other Content”). We do not endorse, sponsor or approve any such Other Content and accept no responsibility for them and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on Other Content or any goods or services available on or through any linked website or resource. When you access them, you understand that they are independent from us and that we have no control over the content or availability of them.

4. Availability of the Site

We will try to make the Site available but cannot guarantee that it will operate continuously or without interruptions or be error free. The Site may be unavailable from time to time (including for maintenance purposes) and we accept no liability for its unavailability. You hereby consent that we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site, any part of it or the content, goods or services available through it (including your access to it) at any time in our sole discretion.

5. Privacy policy

We are committed to safeguarding the privacy of our users. We take your privacy very seriously. Our privacy policy, which sets out how we will use your personal information, can be found at Privacy Policy. By using the Site, you acknowledge and agree that you have read and fully understand our privacy policy and consent to the processing provided therein.

6. Linking to the Site

You may link to the home page of the Site (but not any other page), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement between you and us where none exists. You must not frame the Site on any other site, or create a link to any part of the Site other than the home page. We reserve the right to withdraw any linking permission without notice.

7. Lawful usage
   • You must use the Site for proper and lawful purposes. You must not commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; interfere with the proper working of the Site, circumvent security, tamper with, hack into any aspect of the Site or our service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Site. Breaching this provision would allow us to report the breach to the relevant law enforcement authorities and disclose your identity to them.
   • We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any linked website.
8. Intellectual Property Rights
   • The content of the Site is protected by international copyright laws and treaties and other intellectual property rights. We, or other third party licensors, are the owner of these rights. All product, service and company names and logos mentioned in the Site are the trade marks, service marks or trading names of their respective owners, including us. Nothing in these Terms constitutes a transfer of any of those intellectual property rights.
   • By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
   • You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
   • The licence in clause 8.3 will survive any termination of these Terms.
   • You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 8.2 and 8.3.
9. Terms of sale
   • Booking of an appointment or placement of an order by you via the Site signifies your acceptance of these terms of sale. Your order is subject to the availability of the goods or services and our confirmation of the price. We may in our absolute discretion refuse to provide goods or services to you where:
     • goods or services are unavailable for any reason whatsoever;
     • your identity is unable to be confirmed;
     • your payment card or account does not have sufficient funds to fulfil the transaction; or
     • any other reasons preventing us from providing goods or services to you.
   • The price of the goods listed on the Site is inclusive of GST and delivery costs. Delivery costs vary among goods and will be clearly displayed where applicable and included in the ‘Total Cost’ on the ‘Check Out’ page. The dispatch times of orders may vary according to the availability of the goods and is subject to any delays resulting from shipping delays or force majeure for which is out of our control and for which we will not be responsible.
   • We promise that the goods and services provided to you by us are in accordance with and conform to the specifications and description provided on the Site. However, the appearance of the goods may have slight differences with the drawing available on the Site due to reasons such as upgrades or batch differences and such differences will not affect the functionality of the goods.
   • Payment for booking appointments or ordering goods shall be made by credit or debit card or PayPal. Full payment is required.
   • We may confirm your identity and conduct an authorisation check on your payment card. When booking an appointment or placing an order you undertake that all information you provide to us are true, accurate and complete, that you are an authorised user of the credit or debit card or PayPal account used for the transaction, and that there are sufficient funds to cover the booking fee or the cost of the goods. We accept no liability for any loss or damages caused by the false, inaccurate or incomplete information provided by you.
   • Whilst we try and ensure that all details, descriptions and prices which are provided on the Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If your order is cancelled under the above-mentioned circumstances and you have already paid for the goods, you will receive a full refund.
   • When you place an order for goods, you will receive an acknowledgement email confirming our receipt of your order. This email will only be an acknowledgement and will not constitute an acceptance of your order. A contract between you and us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
   • Once an order for goods is made, it cannot be varied or cancelled without our written consent. We reserve the right to determine whether we consent to any order variation or cancellation in our absolute discretion. If you have any questions or issues with your order, you can contact us on the details set out above.
   • After your booking of an appointment for services, we will inform you by email for confirmation of your booking. Whilst we will make every effort to provide the services to you on your preferred clinic location, day and time, we reserve the right to change or cancel your booking. In the event that a suitable day and time cannot be agreed a full refund of booking fee will be issued.
   • Cancellation of an appointment for services by you shall be made by emailing info@hearingpro.com.au (preferred) or calling 1300 768 108. Cancellation of an appointment made by you is subject to the following terms:

• When providing you with our services, our clinicians will exercise due care, skill and expertise to perform the tasks. Mostly our tests produce meaningful results, however outcomes cannot be guaranteed for factors that may be out of our control. The following terms applies to the services provided by us:
  • All tests: the range of tests, discussions, counselling or rehabilitation performed is subject to the discretion of our clinicians and may vary according to needs of the individual.
  • Clinical outcomes are dependent on the extent to which you are able to engage in the test, such that clinical outcomes cannot be guaranteed.
  • Wax removal: the extent of wax removal is dependent on many factors such as the shape and size of ear canal and degree of wax compaction and depth. Complications may require additional paid appointments, for example to allow time for the wax to soften. We do not guarantee that all wax can be removed at one appointment. If there are underlying health complications preventing the safe removal of wax, our clinicians will provide alternatives (if available) and advice, however no refund would apply. We do not guarantee that wax removal appointments will address the presenting ear/hearing issue. If there are insignificant amounts of wax, our clinicians will provide advice and/or alternative tests, however no refund would apply.
• You may purchase electronic gift vouchers from us and we will email the gift vouchers to you or your selected recipient (if it is available). We accept no responsibility or liability for errors in the email address provided to us. You or your selected recipient are responsible for the use and safety of the gift vouchers. We assume no liability for any loss or theft of any gift vouchers, including usage of gift vouchers without permission.
• You may use promotion codes or gift vouchers for the purchase of certain goods via the Site (if it is available). We monitor the issuance and redemption of promotion codes and gift vouchers. In the event of fraud, misuse, an attempt at deception (including self-referral) or in the event of the suspicion of other illegal activities in connection with the issuance or redemption or redemption of promotion codes or gift vouchers, we may decline such usage and/or require a different means of payment. We may block gift vouchers if notified by law enforcement that the gift vouchers have been fraudulently obtained.

10. Warranties
    • You represent and warrant to us that:
      • you have the legal capacity to enter these Terms; and
      • you have complied with and will continue to comply with clause 1.3.

11. Liability
    • To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages caused by your using of the Site.
    • To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
    • These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
      • in the case of goods:
        • the replacement of the goods or the supply of equivalent goods;
        • the repair of the goods;
        • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        • the payment of having the goods repaired, and
      • in the case of services:
        • the supply of the services again; or
        • the payment of the cost of having the services supplied again.

12. Indemnity

You agree to indemnify, defend and hold harmless us, our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the Site or your breach of the Terms.

13. Termination
    • Subject to clause 13.2, the Terms terminate automatically if, for any reason, we cease to operate the Site.
    • The Terms survive for any transactions that have occurred prior to the cease operation of the Site or are in process of being undertaken when the Site is ceased to operate.
    • We may otherwise terminate the Terms immediately, on notice to you, if you have breached the Terms in any way.
14. Force majeure
    • If circumstances beyond our control prevent or hinder our provision of the goods or services, we are free from any obligation to provide the goods or services while those circumstances continue. We may elect to terminate this Agreement, cancel an order or appointment or keep the Agreement on foot until such circumstances have ceased.
    • Circumstances beyond our control include, but not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, epidemic or pandemic, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
15. General
    • We may at any time appoint or engage an agent to perform our obligation arising out of or pursuant to these Terms.
    • You must not assign, sub-license or otherwise deal in any other way with any of your rights under these Terms.
    • If a provision of these Terms are invalid or unenforceable (including any provision in which we exclude our liability to you) it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    • We appreciate any comment or inputs to our goods or services. You can contact us by emailing info@hearingpro.com.au (preferred) or calling 1300 768 108.
    • Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
    • If you breach the Terms and we take no action, it should not be considered a waiver by us and we will still be entitled to our rights and remedies in any other situation where you breach the Terms.
    • The Terms constitute the entire agreement of between you and us and supersede any and all our preceding and contemporaneous agreements.
    • This Agreement is governed by the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.