1. Website Terms and Conditions
1.1 This website (Website) is operated by Hearing Retail Group Pty Limited ABN 9311 323 5779 trading as Connect Hearing of 2/101 Union Street, North Sydney, NSW 2060, Australia (Connect Hearing, we, our, us). The Website is a shopping website where you can browse, select and order products advertised on the Website from Connect Hearing.1.2 Please read these terms and conditions before accessing or using the Website. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Website.
1.3 Your access and use of the Website, including the purchase of any goods or services through the Website, is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as the “Terms and Conditions”). Your use of some parts or features of the Website may be governed by additional terms and conditions. Where this is the case those additional terms and conditions:
(1) will apply to your use of such parts of the Website or features in addition to these terms and conditions, and form part of the Terms and Conditions; and
(2) will prevail over these terms and conditions to the extent of any inconsistency.
By using the Website and/or submitting an order for the purchase of goods or services through the Website, you agree to comply with the Terms and Conditions.
1.4 Connect Hearing reserves the right to amend the Terms and Conditions at any time. You should visit this page periodically to review the Terms and Conditions.
1.5 Your use and/or continued access to the Website constitutes an agreement by you that you accept and agree to abide and be bound by the Terms and Conditions and any amendments. Should you object to any of the Terms and Conditions or any amendments your only recourse is to immediately discontinue your use of the Website. If you violate any Terms and Conditions your right to use and access the Website automatically terminates.
2. Intellectual Property Rights
2.1 The content of this Website, including all information, data, text, graphics, images, video, audio, software, code, advertisements and other material (Material), is and remains at all times the property of Connect Hearing and its licensors and is protected by Australian and international copyright law.2.2 You may use this Material for your personal reference only and may download a single copy of the Material, keep a temporary copy in your computer’s cache and make a single hard copy. The Material and the Website may not otherwise be used, copied, reproduced, published, framed, stored in a retrieval system, altered, licensed or transmitted in any form or by any means, in whole or part, unless expressly provided for in the Website or expressly authorized in writing by Connect Hearing.
2.3 All names, logos and trademarks on the Website are the property of Connect Hearing or third parties. Nothing on the Website should be construed as granting any licence or right to use any name, logo or trademark without the express prior written permission of Connect Hearing or the relevant owner.
3. Your Use of the Website
3.1 You must not use the Website in any manner or for any purpose that is unlawful, or in any manner that violates any right of Connect Hearing, or that is prohibited by the Terms and Conditions. In particular it is a condition of your use of and/or access to the Website that you do NOT do any of the following:(1) disrupt, interfere with, reverse engineer or compromise the security of the Website or any servers, software, hardware or equipment connected to or used to host or provide the Website;
(2) restrict, inhibit or interfere with any other user’s use or enjoyment of the Website;
(3) distribute, post or transmit any Material of any kind which:
(a) is obscene, indecent, inflammatory or pornographic;
(b) defames, harasses, threatens, menaces or offends any person;
(c) infringes the intellectual property rights or other rights of any person;
(d) is misleading, deceptive or false; or
(e) contains a virus, trojan, spyware, or other harmful or malicious code or component;
(4) make fraudulent, misleading or speculative enquiries, purchases, orders or requests through the Website (including creating accounts or submitting orders by automated means);
(5) violate any Applicable Law relating to your use of or access to the Website.
3.2 In these Terms and Conditions, “Applicable Law” means the following applicable to a person, action or thing:
(1) any law, rule or regulation of any country (or political sub-division of a country);
(2) any obligation under any licence or permit in any country (or political sub-division of a country);
(3) any lawful and binding code, standard, determination, order, ruling, decision or direction of a regulator or governmental agency or authority in any country (or political sub-division of a country).
4. Indemnity
4.1 You indemnify Connect Hearing against any losses, liabilities, costs or other expenses incurred by Connect Hearing in connection with, or arising directly or indirectly as a result of, your use of or access to the Website or any breach or violation of the Terms and Conditions.5. Links and Advertisements
5.1 The Website may contain hyperlinks and other pointers to internet websites operated by third parties (Linked Sites). The Linked Sites are not under the control of Connect Hearing and Connect Hearing is not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site. Connect Hearing provides these links to you as a convenience only and the inclusion of any link does not imply an endorsement of the Linked site by Connect Hearing. You link to a Linked Site entirely at your own risk. Connect Hearing is not a party to any transaction between you and a Linked Site. Your use of a Linked Site is subject to the terms and conditions of that site in addition to these Terms and Conditions. If there is any inconsistency, to the extent of the inconsistency these Terms and Conditions prevail.5.2 The Website also contains third party advertisements (that may or may not contain embedded hyperlinks or referral buttons to Linked Sites). The display of such advertising does not in any way imply an endorsement or recommendation by Connect Hearing of the relevant advertiser, its products or services or any such Linked Site. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. To the extent permitted by law Connect Hearing accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
6. Cookies
6.1 During your use of the Website, we may issue to and request from your computer blocks of data known as “cookies”. By using this Website you authorise us to issue such cookies to your computer.7. Purchasing goods or services on this Website
7.1 Placing an order for Products(1) You may order goods or services made available by us for purchase on the Website (Products), by selecting and submitting your order through the Website.
(2) Your order for any Products constitutes an offer by you to acquire the Products specified in the order on and subject to the Terms and Conditions, for the price notified on the Website (including specified delivery and any other charges and taxes) at the time you place the order. You agree that any additional or contrary terms or conditions submitted by you with an order are of no effect. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Website.
(3) You warrant that all information and data provided by you through the Website or otherwise in connection with an Order or your use of the Website is accurate, complete and up to date.
(4) Your order is subject to acceptance by us.
7.2 Acceptance or rejection of an order
(1) We may accept or reject your order in our discretion, including if the requested Product is not available, or if there is an error in the Product description posted on the Website or in your order.
(2) Upon acceptance by us of an order for any Products made through the Website or clause 7.3(2) below, a separate binding agreement (Order) arises between you and us for the purchase and supply of the Products specified in the Order, in accordance with the Terms and Conditions in force at the time you submitted your Order.
(3) If we reject an order placed by you, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time thereafter.
7.3 Minimum and maximum amounts in each order
(1) Unless otherwise indicated on the Website:
(a) you may only obtain a maximum of 10 items of a particular Product (or such lower number as may be specified on the Website for any special or promotion) in an order; and
(b) the minimum purchase amount for each order is $5.00, excluding the Delivery Fee.
(2) If you wish to place an order that differs from our ordering requirements in the Terms and Conditions, then you will need to contact our Customer Service on 1300 656 858 during business hours. If we agree to accept such an order, then you agree that the delivery time may be longer than our usual delivery times for standard orders. In this regard, we recommend that you allow at least 5 days between ordering and delivery or such other time that we notify you of at the time we accept your order.
7.4 Delivery of Products
(1) Delivery of Products is only provided within areas specified on the Website, or if not their specified, within [specify default, e.g. capital cities in Australia]We can deliver to all parts of the country. Subject to the foregoing, we will deliver Products the subject of an Order within a reasonable time from acceptance of the Order, to the delivery location you specify in the Order (Delivery Address). If you provide a Delivery Address of a person other than yourself, that person must be authorised by you to receive the Products.
(2) If an event occurs that is beyond our reasonable control, then delivery of an Order may be delayed and we will not be liable to you or any other person for any such delay. We will endeavor to provide you with notice of any such delay as soon as reasonably possible.
(3) We will deliver Products the subject of an Order to the front door at the relevant Delivery Address [during business hours]. If you ask us to deliver inside premises or a building at the Delivery Address and we agree to do so, then you are responsible and indemnify us for all loss or damage suffered by us in connection with our delivery of the Products inside any such premises or building.
(4) If we deliver Products the subject of your first Order, then you must be present to accept the delivery of the Products and, at our request, provide us with photographic identification. We also recommend that you be present to accept the delivery of your Order if you have paid by credit card. You agree to comply with any additional delivery requirements specified by us when you place your order through the Website or under clause 7.3(2). [What happens if the person is not present or a delivery otherwise cannot be made? Specify here] Not relevant.
7.5 Risk and title
(1) Risk in the Products the subject of an Order passes to you from the date and time of delivery by us to the Delivery Address in accordance with the Terms and Conditions. Title to such Products passes to you on the later of:
(a) payment for the Products; and
(b) delivery of the Products to the Delivery Address.
7.6 Cancelling an order
(1) We may cancel an Order in whole or part at any time without liability if:
(a) the Products the subject of the Order are not available; or
(b) there is an error in the product description posted on the Website in relation to the relevant Product the subject of the Order;
(c) we cannot successfully process your payment for the Order under clause 7.9; or
(d) you are in breach of the Order or the Terms and Conditions.
(2) If we cancel an Order, then we will endeavour to provide you with reasonable notice of that cancellation. We will not charge you any cancellation fee in respect of the Order if we cancel it before the day of delivery, or if you are not in breach of the Order or Terms and Conditions or otherwise at fault. Otherwise we may charge you a cancellation fee of [specify]$20.
(3) You may cancel an order (whether it has been accepted by us or not) prior to delivery, by contacting Customer Service on 1300 656 858 during business hours. If you cancel an order:
(a) before the day of delivery, no fees or charges will apply to that cancellation; or
(b) on the day of delivery, then we may charge you a cancellation fee of $20.00.
7.7 Fees and charges
(1) We will charge you, and you must pay, the following fees and charges in relation to an Order:
(a) the purchase price of each Product the subject of the Order as specified on the Website at the time the Order is submitted by you;
(b) the delivery fee specified at the time you selected the relevant delivery window when placing the Order (Delivery Fee); and
(c) any cancellation fee applicable under clause 7.6; and
(d) any other fees and charges set out in the Terms and Conditions.
(2) All fees and charges identified in the Terms and Conditions and all prices for the Products are inclusive of GST, where applicable. GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) or any replacement or successor legislation.
(3) The purchase price of any Product specified on the Website applies to Orders placed on the Website only, and may not be the same or correspond to the prices in any of our centres for the same Product. You acknowledge that we are not required and do not agree to match any prices for any Products, including matching any prices for a Product that is available through the Website, our competitors or our suppliers. We may vary prices for Products at any time without notice. Upon acceptance of an Order, subject to the Terms and Conditions, the price that applies to the Products supplied pursuant to that Order will not change.
7.8 Non-fulfilment
If:
(1) a Product the subject of an Order is not available and we have not provided you with a substitute acceptable to you; or
(2) you or we cancel an order under clause 7.6,
then we will at your option refund to you [or credit your account with us – do customers have accounts with Connect hearing?]Do not have to register to purchase so no need to have an account the price of the Products that were Ordered and paid for by you but were not supplied to you, less any cancellation fees or other charges that may be payable by you under the Terms and Conditions.
7.9 Payment methods
(1) You may pay the fees and charges payable under an Order or the Terms and Conditions using the following credit cards:
(a) Visa;
(b) MasterCard;
(c) American Express; and
(d) Diners Club.
(2) If we are unable to successfully process your credit card payment for your Order, then we may cancel your Order.
7.10 Substitution or missing items in delivery
(1) You acknowledge that a Product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product. We may offer you a substitute product.
(2) If there are missing items from your delivery of an Order, then you should check the receipt that we provided to you to determine if the missing Product is marked as out of stock. If so, then we will at your option refund to you [or credit to your account with us?] Not relevant the purchase price of the Products that were not supplied.
7.11 Returns
(1) If you wish to return a Product that was provided to you under an Order, then you may:
(a) return that Product in its original condition to one of our centres for a refund; or
(b) contact our Customer Service by telephone within 8 hours of the delivery time to make arrangements to return that Product.
You must provide us with the invoice we issued to you for your Order to make a claim under this clause. If you fail to do so, then we may reject or deny your claim.
8. Guarantee
30 Day Money Back GuaranteeThe 30 day money back guarantee period commences at the time of your fitting. If prior to the end of the 30 day money back guarantee period you notify us that you are unhappy with your new hearing instruments, we will give you a full refund of the purchase price. A $300 consultation fee will apply, which will be deducted from your refund. Please promptly return to us the hearing instruments along with all packaging and materials you received within 30 days of fitting. You will not be entitled to a refund if the hearing instrument or materials have been damaged. On receipt of the hearing instruments, packaging and materials at Connect Hearing, a refund cheque for an amount equal the price paid by you for the hearing instruments will be sent via the postal address you provided. Please allow up to 10 working days to receive your refund.
Additional Rights
Your rights under the 30 day money back guarantee are in addition to any right you may have for breach of any product or service warranties implied by law. You are additionally protected by the normal manufacturer’s warranty.
9. Disclaimer
9.1 The Trade Practices Act 1974 (Cth) and other laws imply terms, conditions and warranties into some contracts for the supply of goods and services and prohibit the exclusion, restriction and modification of such terms (Prescribed Terms). Except as provided by the Prescribed Terms, or as expressly provided in the Terms and Conditions:(1) this Website and all Materials are provided on an “as is” basis without any warranties of any kind;
(2) all implied warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose are expressly disclaimed;
(3) Connect Hearing, its directors, employees and distributors, do not warrant that your access to the Website will be uninterrupted or that the Website will operate error free, that any defects will be corrected or that this Website and its servers are free of computer viruses, trojans, spyware and other harmful data, code, components or other material;
(4) Connect Hearing, its directors, employees and distributors, do not warrant that they will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Website, or that they will give notice of such use, modification or alteration;
(5) Connect Hearing, its directors, employees and distributors, do not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Material. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time; and
(6) If your use of the Website or the Material results in the need for servicing or replacing equipment or data, Connect Hearing, its directors, employees and distributors are not responsible for those costs.
9.2 If a jurisdiction does not allow the exclusion of implied warranties in accordance with clause 9.1 but allows limitations of a certain maximum extent then we limit our warranties to that extent.
10. Limitation of Liability
10.1 To the extent permitted by law, except as provided by the Prescribed Terms or expressly in the Terms and Conditions, Connect Hearing, its directors, employees, suppliers, and distributors shall not be liable for any indirect, incidental, special, consequential and/or punitive loss or damage, including loss of profits, revenue, expectation, business, savings, unavailability of systems or loss of data, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with any use or access of, or any inability to use or access, the Website or any Material, any order of Products or the Terms and Conditions.10.2 To the extent permitted by law Connect Hearing’s liability, and that of any of the parties mentioned in subclause 10.1, under any Prescribed Terms is limited at the option of Connect Hearing to the following:
(1) In the case of services:
(a) The supply of the services again; or
(b) The payment of the cost of having services supplied again; and
(2) In the case of goods:
(a) The replacement of the goods or the supply of equivalent goods;
(b) The repair of such goods;
(c) The payment of the cost of replacing the goods or acquiring equivalent goods; or
(d) The payment of the cost of having the goods repaired.
10.3 If a jurisdiction does not allow the exclusion or limitation of liability in accordance with clauses 10.1 or 10.2 but allows a limitation of a certain maximum extent then liability is limited to that extent.
11. Termination
11.1 We may terminate these Terms and Conditions and your access to the Website and Materials at any time without notice. In the event of termination you must immediately cease accessing and using the Website and Materials and (at Connect Hearing’s option) return any hard copies of the Material to Connect Hearing or destroy any hard copies and any other electronic copies of the Material within your control or possession. Any Orders will continue subject to clauses 7.6 and 11.2.11.2 We may terminate any Order in the event that you breach the Order or the Terms and Conditions.
12. Miscellaneous
12.1 Our obligations under the Terms and Conditions or an Order are suspended during the time and to the extent that we are prevented from complying with them by any circumstances beyond our reasonable control.12.2 You may not assign or deal with the Terms and Conditions or an Order.
12.3 The Terms and Conditions and each Order constitute the entire agreement between you and us.
12.4 If any provision of the Terms and Conditions or an Order is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions or the Order, which will continue in full force and effect. All rights not expressly granted are reserved.
12.5 The Terms and Conditions and each Order are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
