Terms and Conditions

These Terms of Use relate to the purchase of Products (including Software) from this website. By accessing or using this website, You are acknowledging that You have read, understood and agree to be bound by these Terms of Use.

Definitions

1. In these Terms of Use, unless the context indicates otherwise:

   Intellectual Property means all intellectual property rights (whether statutory or otherwise), including, but not limited to, the following rights, whether or not such rights are registered or capable of being registered:

   1. patents, copyright, rights in circuit layouts, designs, trade marks (including goodwill in those marks) and domain names;
   2. any application or right to apply for registration of any of the rights referred to in paragraph (a); and
   3. all rights of a similar nature to any of the rights in paragraphs (a) and (b) which may subsist in Australia or elsewhere.

   Loss means any loss, damage, cost or expense (to any person or property) including consequential or indirect loss or any profits, data or revenue.
   Our, Us and We means Australian Hearing Services ABN 80 308 797 003, a Commonwealth Government Entity, operating through its research division, the National Acoustic Laboratories.
   Product means any goods, publications, materials and Software made available by Us on this website.
   Related Material means the printed materials provided and intended for use in conjunction with Software.
   Software means any Product or part of a Product that is a computer program, together with any accompanying data.
   this website means www.nal.gov.au.
   You and Your means the user of this website.

Lawful Purposes

2. You agree to use this website only for lawful purposes, and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of this website by any third party. This includes conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or disruption to this website.
3. You must not post or transmit via this website any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law.

Purchase of Products

4. All Products supplied by Us through this website are supplied on the following terms and conditions. Products which are Software will also be subject to additional terms and conditions (as set out below).
5. In order to purchase a Product from this website, You will be requested to provide Your personal details. In particular, You must provide Your real name, phone number, email address and other requested information as indicated. Furthermore, when ordering a Product, You will be required to provide payment details. By entering Your payment details you represent and warrant that the payment details You provide on ordering are both valid and correct, and You confirm that You are the person referred to in the billing information provided.
6. Your order for a Product will not be binding on Us until we have accepted Your order. An individual contract for the supply of a Product will be formed on acceptance by Us of Your order. Unless You cancel Your order, acceptance of Your order will occur at the later of (i) when We have confirmed receipt of Your payment and (ii) We have despatched the Product to You.
7. We reserve the right to not accept any order in whole or in part, including in the event We are unable to obtain authorisation for payment, that the Product ordered is out of stock or that You do not meet the eligibility criteria set out, or otherwise contemplated, within these Terms of Use.
8. Risk and ownership in a Product will pass to You when the Product is delivered to You. You must not refuse delivery of a Product.
9. By placing an order with Us, You:
   1. agree to use the Products only for their intended purpose. If You use the Products for any other purpose You will assume full responsibility for any Loss arising out of this use; and
   2. expressly authorise Us to perform credit checks and, where We consider it necessary, to transmit or obtain information about You to or from third parties from time to time, including but not limited to Your credit card number, to authenticate Your identity, to validate Your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transaction. (Please refer to the Privacy section of these Terms of Use for further information as to how We use Your personal information).
10. A receipt for tax purposes will be issued for each purchase of Products.
11. Prices shown on this website are in Australian dollars and are inclusive of GST (if any) as well as delivery (by regular post) and handling charges for Products to be delivered within Australia. An additional delivery charge will apply to express postage or deliveries outside of Australia. Prices, handling and delivery charges are subject to change effective immediately on posting to this website or other form of notification.

Software Products

12. Software will be supplied by Us under Licence and subject to the following terms and conditions (Licence Conditions). The Licence Conditions are in addition to the general "Purchase of Products" terms and conditions set out above.
13. By placing an order with Us for Software, You are indicating Your acceptance to the Licence Conditions.
14. In relation to the Software, We grant to You an irrevocable, world-wide, non-exclusive, non-transferable perpetual licence to:
    1. install the Software onto a permanent storage device;
    2. load and operate the Software on a single computer, desktop or laptop, under the control of a single operating system and a single central processing unit at a commercial premises;
    3. load and operate the Software on a single computer, desktop or laptop, under the control of a single operating system and a single central processing unit at a residential premises;
    4. make and maintain no more than two back up copies of the Software, provided they are retained under Your control and are used only for back up or security purposes and bear the same information appearing on the original diskette labels including the copyright notice; and
    5. use and make copies of any Related Material to install, load and operate the Software.
15. Except as expressly permitted under the grant of licence above, You are NOT permitted to:
    1. use the Software and Related Materials;
    2. copy the Software;
    3. copy the Related Materials;
    4. install or use the Software on a network, or transmit the Software from one computer to another, or use or allow the Software to be used, on an Intranet or the Internet, or any other form of public communication network;
    5. sub-licence the Software or Related Material to another user or any third party;
    6. alter, modify, tamper with, reverse-engineer, or attempt to reverse-engineer, decompile or dissemble the Software in any way; or
    7. remove, obscure or tamper with the copyright, trademark or other proprietary notices on the Software or related Material.
16. You may not assign any of Your rights under the Licence Conditions, and You agree to use reasonable efforts to protect the Software from unauthorised use.
17. You acknowledge that We may novate or assign any of our rights under the Licence to any other person without Your consent.
18. The Licence will terminate automatically without notice if You fail to comply with any of the Licence Conditions and do not remedy the failure to Our satisfaction within a reasonable time of receipt of notification. You agree to notify Us immediately in the event You become aware of any failure to comply with these Licence Conditions.
19. All Intellectual Property in the Software remains Our property. We warrant that We have the authority to deal with the Intellectual Property in the Software in the manner provided for in these Licence Conditions.
20. To the extent permitted by law, We disclaim all guarantee or warranty that the Software is free from errors, and do not guarantee or warrant as to the quality, performance or suitability of the Software for any purpose.
21. You agree that You are solely responsible for:
    1. the selection of the Software to achieve any intended results;
    2. the installation and use of the Software;
    3. the interpretation of any results obtained from use of the Software, and You must exercise appropriate clinical judgment before placing reliance on those results.

Returns and Refund Policy

22. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You must contact Us within a reasonable time after the defect becomes apparent  in order to be entitled to these guarantees.
23. We will not accept a returned Product where You have caused the Product to become of unacceptable quality or failed to take steps to prevent the Product from becoming of unacceptable quality, or the Product has become damaged by use whilst in Your possession.
24. Except for those required or implied by legislation (including the Australian Consumer Law), We give no guarantee or warranty, either express or implied, for any Products. You acknowledge that You have not relied on any representation or warranty made by Us or on Our behalf.

Release and Indemnity

25. To the extent permitted at law, You release Us and Our employees and agents in respect of all liability for Loss, damage or injury which may be suffered by You arising from Your use of this website.
26. You agree to indemnify Us and Our employees and agents in respect of all Loss arising out of a negligent or unlawful act or omission in Your use of this website.

General

27. These Terms of Use (including the Licence Conditions) are governed by the laws of the State of New South Wales, Australia, and You agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales.
28. If any of these Terms of Use (including the Licence Conditions) are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force.
29. We may revise these Terms of Use (including the Licence Conditions) from time to time. Please check this website.
30. Please contact research@nal.gov.au if You have any questions, problems or feedback regarding this website.