Website Terms of Use
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.
The 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”).
In these Terms, a reference to “You” or “Your” is a reference to a Patient or Patient User of the site, as applicable.
Agreement to Terms of Use
By accessing this site, you agree to be bound by these Terms of Use (“Terms”). These Terms of Use constitute a binding agreement between you and the Company and govern your use of this site.
Privacy Policy
As part of these Terms of Use, 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 of Use.
Access to the Site
Subject to these Terms, We grant You access to 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.
By accepting these Terms, we grant You a limited, non-exclusive and revocable licence to access and use the Site. We may issue this licence to You on any further terms or limitations as determined by Us.
Acceptable Use and Obligations
In accessing or using the Site, You must not:
• breach any laws, or encourage or assist the commission of any illegal act;
• infringe any person’s rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights;
• 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;
• impersonate any other person;
• negatively impact any other Patient User’s ability to access and use the Site;
• publish or link to malicious content;
• vexatiously or frivolously use the Site;
• make a Booking via the Site, and fail to take all reasonable steps to either attend that Booking or provide reasonable notice of any cancellation; 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 services.
Site Availability
While we take all reasonable steps to limit any interruptions to Your access to the Site, You acknowledge and agree that:
• Your access to the Site may be prevented by issues outside of Our control;
• We do not promise continuous or error-free access to the Site, including as to any third party services facilitated by the Site such as teleconsultations;
• the functionality of the Site may change or be improved from time to time; and
• You are able to prepare for, or manage, unscheduled unavailability of the Site by:
o keeping Your mobile app up to date, which will store local copies of the data stored within the Site;
o printing hard copies of the information stored within the Site; or
o contacting Your Practitioner directly.
Restrictions on use
Prohibited conduct
In using and accessing 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 of Use
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 of Use;
• 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.
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 of Use or violation of any law or the rights of any person.
Dealings with third parties
You acknowledge and agree that:
• the Site provides links to third party websites;
• We are not responsible or liable in any way for any information contained on any linked third party website, including medical or clinical information; and
• We provide and operate the Site only, and are not responsible for, or liable with respect to, the accuracy or completeness of any information or data which is provided or communicated to You via the Site by Your Clinic or Practitioner, or any other user of the Site.
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 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 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.
Privacy
By using the Site, You acknowledge and agree that:
• We will collect any Personal Information (including any Health Information) You provide to Us or Your Clinic or Practitioner via the Site, and We will manage and deal with this Personal Information in accordance with Our Privacy Policy located at https://findmyhearingclinic.com.au
/privacy-policy/) (Privacy Policy), as amended from time to time;
• We may share Your Personal Information or Health Information with any Clinic or Practitioner authorised by You, or with whom You request a Booking, or otherwise communicate, with via the Site;
• the Clinic You request a Booking with, or otherwise communicate to, via the Site may have its own policy governing access to this information – Our Privacy Policy does not govern, and we make no representations in relation to, how Your Clinic or Practitioner handles Your Personal Information, and You should direct any such enquiries to them directly;
• any consent given by You through the Site is valid and binding unless and until revoked by You, and a Clinic or Practitioner may rely on a consent given through the Site without any need to further verify that consent;
• We may send You emails, text messages, push notifications and other alerts on behalf of Us or Your Clinic and their Practitioners, for purposes such as confirming your Booking, providing clinical or appointment reminders, facilitating patient surveys and providing You with Your password to access the Site; and
• We may also collect browsing information about You from Your use of Our website, which uses cookies (a small tracking code in Your browser) to improve Your experience while browsing. You may manage how You handle cookies in Your browser settings.
• We may access and collect your geo-location during the use of Our Mobile Check In feature. This permission is requested from you when you access the feature and information is only collected during the check-in process. Any geo-location data collected will only be used for the purpose of delivering the service.
If, at any time, You provide or upload Personal Information or other information about someone other than Yourself to the Site, You warrant that You have that person’s consent to You providing such information (including their Personal Information) to Us for the purpose specified.
If You provide anyone else access to the Site (including providing anyone else with Your login details to the Site), then You consent to that person accessing the Site on Your behalf, including accessing Your Personal Information.
If You suspect any misuse or loss of, or unauthorised access to or disclosure of, Personal Information in connection with the Site, You must let us know immediately.
Intellectual property
We (or Our licensors) retain ownership of all intellectual property rights in and to the Site, including messages and content We make available to You.
Nothing in these Terms transfers any intellectual property or proprietary rights in the Site. Except as permitted by these Terms or under the Copyright Act 1968 (Cth), You must not:
• copy, upload, transmit, reproduce, distribute or in any way exploit or commercialise any services, content, technology or intellectual property rights obtained through Your use of the Site;
• reverse engineer, decompile, modify, translate, use for competitive analysis, create derivative works from, disassemble, disable or tamper with any part of the software forming part of the Site; or
• rent, lease, lend, resell or sub-licence Your rights to use and access the Site.
You grant Us a royalty-free, sub-licensable, transferable, irrevocable, worldwide and perpetual licence to use, reproduce, adapt and display any contributions You make to the Site in connection with its operation by Us, including without limitation insights, ideas, feature requests, suggestions or other information provided by You with respect to the Site.
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 of Use 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 of Use 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 of Use, the Company excludes liability for any delay in performing any of its obligations under these Terms of Use 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) Booking means an appointment with a Practitioner that is made via the Site.
(b) 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.
(c) 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.
(d) Clinic User means any individual authorised to use the Site by a Clinic.
(e) Health Information has the meaning given to that term by the Privacy Act.
(f) 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.
(g) Patient means a patient or consumer of health services of a Clinic.
(h) 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.
(i) Personal Information has the meaning given to that term by the Privacy Act.
(j) Practitioner means a medical practitioner, health professional or other individual with whom appointments may be made and managed via the Site.
(k) Privacy Act means the Privacy Act 1988 (Cth).
(l) Terms means these Terms of Use.
(m) User means any Patient User or Clinic User.
In these Terms of Use, 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 of Use;
• these Terms of Use 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 of Use by email.
Costs
Except as specifically provided in these Terms of Use, each party must bear its own legal, accounting
and other costs associated with these Terms of Use.
Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under these Terms of Use without the Company’s prior written consent.
The Company may assign, transfer or sub-contract any of its rights or obligations under these Terms of Use at any time without notice to you.
No waiver
Waiver of any power or right under these Terms of Use 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 of Use are severable and, if any provision of these Terms of Use 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 of Use 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 of Use by written agreement with the Company.
Governing law and jurisdiction
These Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to tthe non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.