Website Directory Listing Terms

AUDIOLOGY ONE PTY LTD trading as Find My Hearing Clinic (ABN 52 664 465 776) (“we”, “our”, “us”or the “Company”), provides the Find My Hearing Clinic online Site to help connect users with local independent hearing care by providing a comprehensive list of hearing services nearest to the user.

In these Terms, a reference to “You” or “Your” is a reference to a Clinic or a Clinic User of the Site, as applicable.

This website is located on the web via the domain https://findmyhearingclinic.com.au/ and includes all of the files located in that domain (“this site”).

Agreement to these Terms

By accessing this Site and registering an account to list your clinic on the Site, you agree to be boundby these Website Directory Listing Terms (“Terms”). These Terms constitute a binding agreement between you and the Company and govern your use of this site.

Privacy Policy

As part of these Terms, your use of this Site is also subject to our Privacy Policy (located at https://findmyhearingclinic.com.au/privacy-policy/), which is incorporated by reference into these Terms.

Access to the Site

Subject to these Terms, We grant You a limited, non-exclusive and revocable licence to access and
use the Site, on the basis that you:

Comply with these Terms at all times; and
Comply with any reasonable request by Us in relation to Your use and access of the Site.

While we take all reasonable steps to limit any interruptions to Your access to the Site, You acknowledge and agree that:

We may modify, upgrade, update, enhance or alter the Site from time to time, however if We reasonably anticipate that such change is likely to detrimentally affect Your or the Patient Users’ use, or reduce the functionality, of the Site, then We will in good faith consult with You before implementing the change; and
We cannot, and do not, promise continuous or error-free access to the Site or any linked Site, or third party services or materials facilitated by the Site. However, We will use our reasonable endeavours to minimise the occurrence and duration of any outages, downtime (for planned maintenance or otherwise) or other causes of inaccessibility to the Site.

Account Management

You acknowledge that:

In order to access the Site, You must register an Account; and
We may set registration requirements, in Our sole discretion.

You agree and accept that:

You are responsible for correctly setting up Your Account, and for any information that You (or any third party authorised by You) enter into the Site; and
You are responsible for correctly setting up Your Account, and for the accuracy, quality and reliability of all content, data or communication that You submit or transmit to or through the Site (including all content that you upload to your Clinic profile).

Any person who registers an Account in the Site warrants that they are an authorised representative of the Clinic, with the requisite authority to bind the Clinic to these Terms.

Third Party Services

We may provide additional services such as social media advertising support and digital marketing services including Google AdWords campaigns which are largely provided by third party service providers.

If you have elected for us to provide such third party services, You acknowledge that such services are provided by third party of which we have no ability to control and will be subject to additional terms and conditions as set by such third party service providers and you agree that you will be bound by such terms and conditions.

Acceptable Use

You must only use the Site for its intended purpose, as described in these Terms.

In accessing or using the Site, You must:

Comply with Our directions and restrictions regarding access to and use of the Site, including, where applicable, any instructions to remove any information or data from the Site;
Ensure that You have obtained all relevant licences, permissions, authorisations, consents and approvals, and complied with all relevant laws, in order to access and use the Site;
Ensure that You comply with any relevant statutes, regulations, laws and codes of practice when using the Site, such as (but not limited to) when You:
Send Recalls, Results, Reminders or other communications to Patients under 18 years of age; and
Ensure that all information provided or uploaded to Us or the Site, or any third party services facilitated by the Site, including any data or information about Patients, is and remains true and correct;
Not use or rely upon the Site in relation to, any critical, emergency or acute care medical circumstances;
Immediately cease any use of the Site that, in Our reasonable opinion, does not constitute acceptable use and has been detailed in a notice from Us to You;
If You become aware of any actual or potential misuse of the Site by Clinic Users, Patient Users, or any other third parties, notify Us in writing as soon as reasonably possible;
Use the Site for lawful purposes only, and not rent, lease, convey, adapt, translate, reverse engineer, de-compile or disassemble all or any part of the Site;
Not infringe any person’s rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights;
Not include any material that contains any virus or harmful code, or program that is designed to impair the performance of the Site or any device accessing the Site; and
Not publish or link to any malicious content, or engage in conduct that is unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person, or which is reasonably likely to damage Our reputation or Our products and services.

You are solely responsible for determining that the Site meets the needs of Your business and is suitable for the purposes for which it is, or is intended to be, used by You.

Fees

Use of the sight is subject to payment of the then applicable fees which includes any initial setup and administrative fees. All initial setup and administrative fees are due and payable in advance prior to accessing the Site. All ongoing fees are payable annually, biannual monthly, as elected by you. We may offer a discount for annual or biannual subscriptions however such discount is at our discretion.

Any prepaid and unused fees are not refundable in the event you cancel or terminate the services.

We may provide additional services which will be subject to payment of the then applicable fees and payable in advance prior to the commencement of the services.

All fees quoted are excluding GST. You agree to pay GST on any fees payable in accordance with applicable laws.

Restrictions on use

Prohibited conduct

In using the site, you must not:

use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site;
use this Site by any automated means;
use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
Interfere with the display of any advertisements appearing on or in connection with this Site;
reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site;
reproduce, duplicate, copy or store any of the material appearing on this Site other than for your own personal and non-commercial use;
falsely imply that any other website is associated with this Site;
do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in this Site;
use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;
release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent; or
use this Site to transmit any information or material that is, or may reasonably be considered to be:
abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
− libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
− infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
− in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
− in breach of any person’s privacy or publicity rights;
− a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
− in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
− containing any political campaigning material, advertisements or solicitations; or
− likely to bring the Company or any of its staff into disrepute.

Violations of these Terms

Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice, temporarily or indefinitely suspend, or terminate, your licence and access to this Site or refuse to provide services to you if:

You breach any provision of these Terms;
The Company is unable to verify or authenticate any information that you provide to us; or
The Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person.
You fail to comply with the terms of any third party services whereby the third party revokes or suspends your access to those services, we may revoke or suspend your access to that feature of the Site.

If Your Account is cancelled or We otherwise permanently end Your access to the Site, any data or information We collect about Users or Your Patients may be permanently deleted or de-identified.

Termination or expiration of Your licence to access or use the Site will not affect any accrued rights, indemnities, or any provision of these Terms which are intended by their nature to survive termination or expiration.

Indemnity

You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual losses or damages, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

any material or information that you submit, post, transmit or otherwise make available through this site;
your use of, or connection to, this Site; or
your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person.

Dealings with third parties

You acknowledge that:

The Site is dependent on third-party services, including but not limited to:
o telecommunications services;
o hosting services;
o email services; and
o analytics services; and
o application and website services to enable certain Site functionalities and teleconsultations; and
The Site provides links to third party websites which may contain (without limitation) clinical guidance or information.

You agree that We are not responsible or liable in any way for:

Interruptions to the availability of the Site due to third-party services; or
Information contained on any linked third-party website.

Data

You agree that:

You will not do anything to prejudice the security or privacy of Our systems or of the information on Our systems;
You are solely responsible for the security of Your login details for accessing the Site; and
You will notify Us immediately if You become aware of any unauthorised access to the Site.

You accept that the internet is not a fully secure environment, and we cannot accept responsibility for misuse or loss of, or unauthorised access to or disclosure of, information where the security of the information is not within our control. If You provide Us with information via the internet, You do so accepting this risk.

We may limit the amount of data that You can store in the Site, and will advise You of such limitation.

Data that is stored within the Site will be stored according to accepted industry standards.

We will perform backups of the Site in a reasonable manner at such times and intervals as are reasonable for Our business purposes. We do not warrant that We are able to backup or recover specific User content from any period of time, unless so stated in writing by Us.

You acknowledge and agree that:

We are not responsible in any way for retaining any data, Personal Information or Health Information that has been stored on, or communicated through, the Site for a prescribed period; and
You must ensure that all Health Information or health records of Your Patients are stored on your own systems and retained in accordance with applicable laws.

Privacy

You acknowledge and agree that:

In order to provide You and Clinic Users with access to and the functionality of the Site, we may need to collect and use the Personal Information or Health Information of Clinic Users;
We will collect and handle any Personal Information and Health Information of all Users and Patients in accordance with Our Privacy Policy and applicable privacy laws.

Our Privacy Policy does not cover or address how You handle any Personal Information or Health Information. You must ensure that you have, and will continue to maintain, a privacy policy which:

Complies with applicable privacy laws; and
Provides an accurate representation to Patients about the data flow of any Personal Information or Health Information which occurs between You and Us and via the Site;

You must ensure that any Personal Information or Health Information You create or have access to as a result of Your use of the Site is collected, handled and retained by You in accordance with applicable privacy laws in relevant jurisdictions;

You must only use or disclose Personal Information or Health Information which is collected by Us and shared with You for the primary purpose for which that Personal Information or Health Information was collected (being to manage a Booking or otherwise communicate with the relevant individual, depending on the circumstances); and

To enable Us to provide you with the full functionality of the Site and our services, We will collect, synchronise, store and access certain information, including the Personal Information of Your Patients and Users.

Notwithstanding anything else in these Terms, You must ensure that You have:Obtained all necessary consents from individuals (including Your Patients) whose Personal Information or Health Information may be provided or uploaded to the Site (including any third party services facilitated by the Site) or to Us directly, prior to providing or uploading that Personal Information or Health Information; and
Provided all necessary notifications to such individuals in relation to Our collection of their Personal Information or Health Information, as required by applicable privacy laws.

Both You and We must:

Provide reasonable assistance to the other party in relation to any privacy-related complaints or regulatory enquiries; and
Notify the other party upon becoming aware of an Eligible Data

Intellectual property

Except as expressly provided in these Terms, no ownership is transferred in, or other rights granted to the other party in, the Intellectual Property of a party. For clarity:

Both You and Us and any third-party licensors (as the case may be) own and retain all of its Intellectual Property existing prior to this agreement or which is developed independently of the agreement between the parties;
We own and retain all rights (including Intellectual Property) in and to the Site; and
You own and retain all rights (including Intellectual Property) in and to any data that You upload to or transmit via, the Site.

Any:

Intellectual Property developed by Us under or in connection with these Terms; or
Changes, additions or improvements to the Site, immediately and directly vests in Us upon its creation and will form part of Our Intellectual Property, unless otherwise agreed in writing between the parties. You otherwise acknowledge and agree that You have no ownership rights, title or interest in or to Our Intellectual Property and must not dispute Our ownership of the same. You must do all acts and things necessary to give effect to this clause.

You grant Us a non-transferable, non-exclusive and royalty free licence to:

Store and otherwise use, copy or modify any content, data or material provided by You to Us for the purpose of Our providing you with our services and enabling You or the Patient Users to access and use the Site; and
Use Your logos or other branding information or media (in any form) for the purpose of promoting or marketing the Site or Your Clinic.

You represent and warrant that:

You have all necessary rights, licences, permissions or consents to grant Us the licences referred to in this clause ; and
Our use of any content, data, materials, logos, other branding information or media (in any form) provided by You to Us will not infringe the rights of any third party (including their Intellectual Property) or breach any applicable law.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This Site is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:

The use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
This Site will meet your requirements or expectations;
Anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;
The quality of any information or other material purchased or obtained through this Site will meet any particular requirements or expectations;
Errors or defects will be corrected; or
This Site or the servers that make it available are free of viruses or other harmful components.

Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms or the use of this Site by you or any other person.

Remedies limited

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non- excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):

In the case of services:
− the supply of the services again; or
− the payment of the cost of having the services supplied again.

Release

You agree that your use of this Site is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms or the use of this Site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Terms, the Company excludes liability for any delay in performing any of its obligations under these Terms where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

General

Interpretation

The following terms are used regularly throughout these Terms and have a particular meaning:

(a) Account means a registered account for a Clinic which enables access to, and use of certain functionalities of, the Site.
(b) Booking means an appointment with a Practitioner that is made via the Site.
(c) Authorised Person means any person who has authority to act on behalf of the Patient, including a parent or a legal guardian of the Patient, or a representative of the Client who is authorised to include information on the Site on the Patient’s behalf.
(d) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in the city of Melbourne, Victoria, Australia.
(e) Clinic means a medical practice, healthcare practice, Practitioner or other organised or incorporated body that provides healthcare services and has entered into an Agreement with

Us for access to and use of the Site.
(f) Clinic User means any individual authorised to use the Site by a Clinic.
(g) Eligible Data Breach has the meaning given to that term by the Privacy Act.
(h) Health Information has the meaning given to that term by the Privacy Act.
(i) Intellectual Property means all intellectual property rights throughout the world, whether registered or unregistered, including rights in respect of copyright, designs, circuit layouts, trademarks, know-how, confidential information, patents, inventions and discoveries and right to apply for registration of such rights.
(j) Patient means a patient or consumer of health services of a Clinic.
(k) Patient User means the Patient, or an Authorised Person who has authority to act on behalf of the Patient, who accesses or uses the Site to request a Booking or supplies information to a Clinic.
(l) Personal Information has the meaning given to that term by the Privacy Act.
(m) Practitioner means a medical practitioner, health professional or other individual with whom appointments may be made and managed via the Site.
(n) Privacy Act means the Privacy Act 1988 (Cth).
(o) Terms means these Website Directory Listing Terms.
(p) User means any Patient User or Clinic User.

In these Terms, the following rules of interpretation apply:
• headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms;
• these Terms may not be construed adversely against the Company solely because the Company prepared them;
• the singular includes the plural and vice-versa;
• a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
• the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.

Notifications

The Company may provide any notification for the purposes of these Terms by email.

Costs

Except as specifically provided in these Terms, each party must bear its own legal, accounting and other costs associated with these Terms.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Terms without the Company’s prior written consent.
The Company may assign, transfer or sub-contract any of its rights or obligations under these Terms at any time without notice to you.

No waiver

Waiver of any power or right under these Terms must be in writing signed by the party entitled to
the benefit of that power or right and is effective only to the extent set out in that written waiver.
Any failure by the Company to act with respect to a breach by you or others does not waive the
Company’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

The Company reserves the right to amend these Terms and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately.

Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site.

You may only vary or amend these Terms by written agreement with the Company.

Governing law and jurisdiction

These Terms will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.