Website Terms of Use

1. Overview

This website store is operated by Australian Hearing
Services ABN 80 308 797 003 (trading as ‘Hearing Australia’) (“us”, “we”,“our”, “Hearing Australia”).

Your use of
(“Website”) is subject to these Terms and Conditions, as updated by Hearing
Australia from time to time. If you do not accept these terms, you must refrain
from using this Website or making a purchase from this Website.

Please read these Terms of Use carefully before accessing
or using our Website. If you do not agree to the Terms of Use, you should
refrain from accessing this Website.

Any new features or tools which are added to the Website
shall also be subject to the Terms of Use. You can review the most current
version of the Terms of Use at any time on this page. Hearing Australia
reserves the right to update, change or replace any part of these Terms of Use
by posting updates and/or changes to our Website. It is your responsibility to
check this page periodically for changes. Your continued use or access to the
Website following the posting of any changes constitutes acceptances of those

The Website store is hosted on Shopify Inc. They provide us
with the online e-commerce platform that allows us to sell products to you.


2. General Conditions

Access to this Website is permitted on a temporary basis,
and Hearing Australia reserves the right to withdraw or amend the Website
without notice. Hearing Australia will not be liable for any reason this
Website is unavailable. From time to time, Hearing Australia may restrict
access to some parts or all of this Website.

You agree not to
reproduce, duplicate, copy, sell, resell or exploit any portion of the Website,
use of the Website, or access to the Website through which the Website is
provided, without express written permission by us.

3. Accuracy and Completeness of Information

The material on this Website 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 Website
is at your own risk.

Occasionally there may
be information on our Website that contains typographical errors, inaccuracies
or omissions that may relate to product descriptions, pricing, promotions,
offers, product shipping charges, transit times and availability.

We are not responsible if information made available on
this Website is not accurate, complete or current.

We reserve the right to
modify the contents of this Website at any time, but we have no obligation to
update any information on our Website. You agree that it is your responsibility
to monitor changes to our Website.

4. Products

We have made every
effort to display as accurately as possible the colors and images of all products
that appear in the Website store. We cannot guarantee that your computer
monitor's display of any color will be accurate. All descriptions of products or product pricing are
subject to change at anytime without notice, at the sole discretion of us.

We reserve the right, but are not
obligated, to limit the sales of any product to any person, geographic region
or jurisdiction. We may exercise this right on a case-by-case basis. We reserve
the right to limit the quantities of any products offered for sale. We reserve
the right to discontinue any product at any time.

We do not warrant that
the quality of any products, information, or other material purchased or
obtained by you will meet your expectations, or that any errors in the Website will
be corrected. 

5. Orders

We reserve the right to
refuse any order you place with us. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household or per order. These
restrictions may include orders placed by or under the same customer account,
the same credit card, and/or orders that use the same billing and/or shipping

In the event that we
make a change to or cancel an order, we may attempt to notify you by contacting
the email and/or billing address/phone number provided at the time the order
was made. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide
current, complete and accurate purchase and account information for all
purchases made at our store. You agree to promptly update your account and
other information, including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and contact you as

6. Third Party Links

Certain content available via our Website may include
materials from third parties. Hearing Australia takes no responsibility for the
content of third party websites, and makes no representations as to the
accuracy of any third party websites we may link to from this Website.

Third party links on
this Website may direct you to third party websites that are not affiliated
with us. We are not responsible for examining or evaluating the content or
accuracy and we do not warrant and will not have any liability or
responsibility for any third party materials or websites.

We are not liable for any
harm or damages related to the purchase or use of goods, services, resources,
content, or any other transactions made in connection with any third party
websites. Please review carefully the third party's policies and practices and
make sure you understand them before you engage in any transaction.

7. User Comments, Feedback and Other Submissions

If, at our request, you
send certain specific submissions (for example contest entries) or without a
request from us, you send creative ideas, suggestions, proposals, plans, or
other materials, whether online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without restriction, edit,
copy, publish, distribute, translate and otherwise use in any medium any
comments that you forward to us.

We are and shall be
under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments. 

We may, but have no
obligation to, monitor, edit or remove content that we determine in our sole
discretion to be unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s
intellectual property or these Terms of Use.

You agree that your
comments will not violate any right of any third party, including but not
limited to copyright, trademark or privacy. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or obscene
material, or contain any computer virus or other malware that could in any way
affect the operation of the Website.

You may not use a false
email address, pretend to be someone other than yourself, or otherwise mislead
us or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any
third party. 

8. Privacy Policy

These Terms of Use incorporate Hearing Australia’s Privacy Policy regarding the collection, use and disclosure of personal information entered on this Website. Your submission of personal information through the Website store is governed by Hearing Australia’s Privacy Policy.

Your use of this Website store is also subject to Shopify’s Privacy Policy.

9. Prohibited Uses

In addition to other
prohibitions as set forth in the Terms of Use, you are prohibited from using
the Website or its content:

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Website, other websites, or the Internet.

We reserve the right to
terminate your use of the Website or any related website for violating any of
the prohibited uses.

You accept that any suspected prohibited use may be
referred to appropriate law enforcement authorities, and Hearing Australia may
stop you access (temporarily or permanently) to this Website.

10. Intellectual Property

The “Hearing Australia” logos are registered trademarks of
Australian Hearing Services.

You acknowledge that any intellectual property rights,
including graphics, logos, trademarks, distinctive brand features, design, text
and all software relating to this Website are owned by Hearing Australia and
must not be used without the prior written consent of Hearing Australia.

You may view and use this Website and its contents for
personal, non-commercial use only.

11. Disclaimer and liability

We do not guarantee, represent or warrant that your use of
the Website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be
obtained from the use of the Website will be accurate or reliable. 

Product suggestions generated
by the Solution Finder are dependent on the answers you provide to the
questions, and should not be treated as replacement of proper assessment and
advice by a Hearing Australia audiologist. Read instructions before use of
any product, and consult a health care professional should any symptoms arise
or persist.

To the fullest extent permitted by law, Hearing Australia
will not be liable for any loss or damage suffered by you in connection with
your use or misuse of this Website, including any indirect, consequential or
special damages and any loss of revenue, loss of profits, loss of goodwill,
loss of business opportunity or loss of reputation.


12. Indemnity

You agree to indemnify, defend and hold harmless Hearing
Australia from and against all third party claims, liability, damages and/or
costs (including but not limited to legal fees) arising from your use of this
Website or your breach of these Terms of Use.

13. Variation

Any amendments to these Terms of Use will take effect from
the time that it appears on the Website.

14. Governing Law

These Terms of Use are to be construed in accordance with
the laws of New South Wales, Australia, and shall be subject to the exclusive
jurisdiction of New South Wales, Australia.

15. Entire Agreement

These Terms and Conditions constitutes the entire agreement
of the parties, and supersedes any and all preceding agreements between you and
Hearing Australia.

16. Contact Us

Please contact us with any questions using the blue 'chat with us' button on the bottom right-hand side of the screen between 8am-6pm Monday to Friday AEST, or submit an enquiry and we'll get back to you.