Terms and Conditions of visiting and using this Website.
This Website is operated under a domain owned and a business operated by either the Company or one of its Associated Entities.
This User Agreement (“Agreement”) is a contract between people who visit our website or transact on or through it (“You”/”Your”) and the Company and its Associated Entities ( “We”/“Us”) and applies to your use including merely visiting and reading the materials on this Website, the purchase of any goods or services from or any related products and services available through, or as a result of interactions on, this Website (collectively the “Service”). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services. We may amend this Agreement at any time by posting the amended terms on our site so please refer to these terms and conditions regularly to check for updates and amendments.
“Agreement” means these Terms and Conditions
“You”/”Your” means people or entities that visit our website or transact on or through it
Company means Audiology Hearing Solutions Pty Ltd ACN 616 985 481 trading as Impact Hearing
“We”/“Us”/”Our” means the Company and its Associated Entities
“Associated Entities” has the same meaning as a) Related Bodies Corporate in Section 55 of the Corporations Act 2001 and b) those people or entities that control them as defined by Section 55AA of the Corporations Act 2001 as it relates to the Company
“Service” means visiting and reading the materials on this Website, the purchase of any goods or services from or any related products and services available through, or as a result of interactions on, this Website
Information means all or any information whatsoever read, downloaded or otherwise used or obtained by or through this website;
3. ACCESS FOR AUSTRALIANS ONLY
This website is provided for Australian residents only and is not provided to any person who is a resident of any other country. The products and services described in this website are only available to persons accessing the website from within Australia (the Jurisdiction).
Except where necessary for viewing the Information on the website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, no information on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without Our specific written consent.
All information residing on this website is copyright to us. You may only use the information for your own personal use. You may not otherwise use, modify, copy or distribute the information (or any part of it) without Our written permission first.
Any trademarks appearing on this website are the trademarks of Our relevant owners. You must not use any trademark that appears on this website without Our written permission.
6. DISCLAIMER AND LIMITATION OF LIABILITY
The website content has been prepared for general information purposes only from sources believed to be reliable and accurate. However, the website content is selective and may not be complete or accurate for your purposes. We make no representation or warranty of any kind as to the completeness of, accuracy of or uninterrupted access to the website content or any part of it nor that the website is free from computer viruses and such like. Further, We are not under any obligation to update or correct any errors in the website content after the date of publication.
You must not rely on any of the information contained in this website as errors or changes may occur in the processing, accessing and storage of the website content.
Limit of liability
(a) Except as expressly provided by this Agreement, all Services and Information are provided on an “as is” basis without any representation, warranty or condition, whether express or implied, statutory, out of a course of dealing or usage, trade or otherwise including any implied warranty or condition of merchantability quality or fitness for any particular purpose or use.
(b) We do not warrant that will be free of defect, uninterrupted, accurate, complete, current, stable, bug free, error free or available at any time in respect of its operation.
(c) We shall have no responsibility or liability whatsoever as a consequence of any data, lost, destroyed, damaged or delayed by this website.
(d) In no event will the Company’s liability arising out of or relating to this Agreement exceed the amount of the fees or other payment paid by You to Us.
All other conditions, warranties, representations, liabilities and obligations, including any conditions or warranties as to merchantability, fitness for purpose or correspondence with description are hereby excluded to the extent permitted by law.
To the maximum extent permitted by law, We will not be liable in any way for any loss or damage suffered by you through use or access to this website, or Our failure to provide this website.
Subject to any Commonwealth or state law that limits Our right to restrict liability or implies any warranty or condition or imposes any obligation upon Us which cannot be excluded, restricted or modified, and to the extent that We may limit its liability under such law, Our liability for breach of any warranty, condition or obligation whether in contract, negligence or pursuant to Statute will be limited, at Our option, to:
(i) redelivery of the website Information;
(ii) the replacement of items or services purchased;
(iii) the redelivery of the Services, or
(iv ) the refunding of the Fees paid in to Us for goods or services giving rise to the liability.
Access to any website which may be reached via the hyperlinks on this website (“a Linked Site”) is subject to any terms and notices, including (but not limited to) copyright notices, which may appear on the Linked Site. The Owner of this Website and its Associated Entities (We) are not necessarily associated or affiliated with the owner or operator of any Linked Sites and do not sponsor, endorse or support in any way, goods or services supplied through or via such Linked Sites unless specifically stated herein and then only to the extent and subject always to the terms and conditions so specified. As such, we cannot and do not guarantee the accuracy and up-to-date nature of the information published or displayed on any Linked Site or the quality of any goods and/or services which are available from such sites and by using this website, you acknowledge that We will not be liable for any losses incurred as a result of you visiting any Linked Site. However, if you have a bad experience with any products or services from a Linked Site, we would appreciate you advising us by Email so we can consider removing the hyperlink. You should read all the terms and conditions of any website you visit before using or relying on them and abide by their respective terms and conditions which will be different to these terms and conditions of use.
Commitment to Privacy
(a) We are committed to protecting Your privacy. We understand that our You are concerned about Your privacy, and the confidentiality and security of any information that is provided.
9. GENERAL CONDITIONS
a.) These Terms and Conditions are governed by the law in force in the State Queensland, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and courts of appeal from them for determining any dispute concerning the Terms and Conditions.
b.) These Terms and Condition can be modified at any time by Us and You agree to continue to be bound by these Terms and Conditions as modified. We will give you notice of these changes by publishing revised Terms and Conditions on this website – we will not separately notify you of these changes.
c.) If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.
d.) You should be aware that the internet is not a completely reliable transmission medium. We shall not have any liability for any data transmission errors such as data loss or damage or alteration of any kind, including, but not limited to, any direct, indirect or consequential damage, arising out of the use of the services provided herein.
e.) Messages that you send to us by e-mail may not be secure. We recommend that you do not send any confidential information to us by e-mail. If you choose to send any confidential information to us via e-mail you do so at your own risk with the knowledge that a third party may intercept this information. Instructions sent by you via e-mail and to this website are processed exclusively at your risk.
f.) We may suspend or terminate the provision of this website at any time, without notice and with immediate effect.
g.) This Agreement constitutes the entire Agreement between the Parties and supersedes all prior representations, Agreements, statements and understandings, whether verbal or in writing.
h.) You warrant that You have not relied on any representation made by Us which has not been stated expressly in this Agreement or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced Us.
i.) No right under this Agreement shall be deemed to be waived except by notice in writing.
j.) Any express statement of a right of the Company under this Agreement is without prejudice to any other Right of the Company expressly stated in this Agreement or existing at law.
k.) Subject to any provision to the contrary, this Agreement shall continue for the benefit of and be binding upon the parties and their successors, trustees, permitted assigns or receivers but shall not continue for the benefit of any other persons.
The covenants, conditions and provisions of this Agreement which are capable of having effect after the expiration of the Agreement shall remain in full force and effect following the expiration of the Agreement.