Terms and Conditions

1. About these Terms

These Terms and Conditions (“Terms”) govern your use of tellyhear.com.au and your purchase and use of products and services supplied by TellyHear.

TellyHear is operated by:

Tellyhear By Lachlan Smith Pty Ltd
ABN 59 700 760 185
ACN 700 760 185
Moonee Ponds VIC 3039, Australia
Email: admin@tellyhear.com.au

In these Terms, “TellyHear”, “we”, “us” and “our” mean Tellyhear By Lachlan Smith Pty Ltd.

“You” and “your” mean the person accessing our website, purchasing a product or receiving a service from us.

By using our website, creating an account, placing an order or using our services, you agree to these Terms.

If you do not agree to these Terms, you should not use our website or purchase products or services from us.

2. Our services

TellyHear provides hearing aids, hearing aid accessories and associated hearing-related services to adults in Australia.

Depending on the product or service purchased, this may include:

• online purchase of hearing aids
• review of audiograms and hearing information
• hearing aid programming and configuration
• preparation of hearing aids by an audiologist
• remote consultations
• hearing aid adjustments
• online and telephone support
• warranty and repair assistance
• other hearing-related services described on our website.

Some products purchased through TellyHear may first be delivered to an audiologist for programming, configuration or preparation before being delivered to you.

3. Australian customers and adults only

TellyHear currently provides products and services to customers in Australia.

You must be at least 18 years old to purchase hearing aids or receive hearing-related services through TellyHear.

By placing an order, you represent that:

• you are at least 18 years old
• the information you provide is accurate
• you are legally capable of entering into a binding agreement.

We do not provide hearing services to persons under 18.

4. General website information

Information provided publicly on tellyhear.com.au, including articles, product descriptions, educational material, comparisons, FAQs and other general information, is provided for general informational purposes.

General website information is not intended to diagnose a medical condition and is not a substitute for individual assessment or advice from an appropriately qualified healthcare professional.

Hearing loss can have different causes and some conditions require medical investigation rather than, or in addition to, hearing aids.

You should seek appropriate medical or healthcare advice where you have concerns about your hearing or health.

5. Audiology and professional services

The previous section does not mean that all services provided by TellyHear are merely general information.

Where you receive an individual hearing-related service from Lachlan Smith or another appropriately qualified audiologist or healthcare professional, information or recommendations provided as part of that service may constitute professional hearing or healthcare advice.

The nature and scope of that advice will depend on:

• the information available to the clinician
• your audiogram or hearing assessment
• your health information
• whether an examination has occurred
• the limitations of remote service delivery
• the professional judgment of the clinician.

A remote hearing aid service does not necessarily replace an in-person medical examination where one is clinically appropriate.

6. Urgent and unusual hearing symptoms

TellyHear is not an emergency medical service.

Certain hearing symptoms can require urgent medical assessment.

If you experience sudden hearing loss, significant or sudden changes in hearing, severe ear pain, discharge or bleeding from the ear, hearing loss following a head injury, significant dizziness, facial weakness or numbness, or another symptom that may require urgent medical attention, you should seek appropriate medical care promptly rather than relying on our website or waiting for hearing aid support.

In an emergency, call 000 or attend an appropriate emergency department.

7. Providing accurate hearing information

Our ability to provide appropriately programmed hearing aids depends on the information available to us and our audiologist.

You agree to provide information that is accurate and complete to the best of your knowledge.

This may include:

• audiograms
• hearing test results
• hearing history
• information about existing hearing aids
• relevant health information
• photographs where requested
• information about your hearing difficulties
• other information reasonably requested for fitting or programming.

You should not knowingly provide another person’s audiogram or health information as if it were your own.

If your audiogram, hearing information or other information is insufficient, unclear or unsuitable for programming, we or our audiologist may request additional information or recommend that you obtain a further hearing assessment before we proceed.

8. Clinical suitability

Purchasing a particular hearing aid does not automatically mean that the product is clinically appropriate for you.

Where appropriate, our audiologist may review the information supplied before or during preparation of your device.

If we reasonably determine that we cannot safely or appropriately provide a selected hearing aid or service based on the information available, we may:

• contact you for further information
• suggest an alternative product
• recommend further assessment
• delay programming until adequate information is available
• decline to provide the particular hearing service or product.

If we cannot reasonably fulfil an accepted order and no suitable alternative is agreed with you, amounts paid for the affected product or service will be refunded.

Nothing in this section affects your rights under the Australian Consumer Law.

9. Remote hearing aid services

You acknowledge that remote hearing aid services have practical limitations.

An audiologist providing a remote service may not be able to physically examine your ears or undertake all testing that could be performed during an in-person appointment.

We may recommend an in-person hearing assessment, medical examination or other healthcare service where this is considered appropriate.

The effectiveness of hearing aids may also depend on factors including:

• the nature and severity of your hearing loss
• the accuracy of your audiogram
• the physical fit of the device
• your listening environments
• your use of the device
• your adaptation to amplification
• subsequent adjustments.

Hearing aids do not restore normal hearing and individual outcomes vary.

Nothing in these Terms is intended to guarantee a particular clinical outcome unless we have expressly made that guarantee.

10. Lachlan Smith and clinical services

TellyHear works with audiologist Lachlan Smith in connection with the preparation, programming and support of hearing aids and other hearing services.

Lachlan also operates through or is associated with a separate audiology practice.

Relevant personal and health information may be shared with Lachlan and that audiology practice where reasonably necessary to provide services to you.

Clinical records may be maintained separately within the audiology practice’s clinical record system.

Our handling of personal and health information is described further in our Privacy Policy.

11. Product information

We make reasonable efforts to ensure product descriptions, photographs, specifications, compatibility information, features and other information on our website are accurate.

Manufacturers may change product specifications, packaging, software, accessories or features from time to time.

Images may also differ slightly from the product supplied due to factors such as:

• colour reproduction
• product revisions
• device configuration
• accessories
• screen settings.

Where a particular feature or characteristic is important to your purchase, you should contact us before ordering if you require clarification.

Nothing in this section permits TellyHear to supply a materially different product from the product you agreed to purchase without your agreement.

12. Product availability

Products displayed on our website are subject to availability.

Availability may depend on factors including:

• manufacturer inventory
• distributor inventory
• product discontinuation
• supply interruptions
• regulatory requirements
• availability of particular colours, styles or configurations.

If an ordered product becomes unavailable after you place your order, we will contact you.

Where appropriate, we may offer you an alternative product.

You are not required to accept an alternative product.

If we cannot supply the product ordered and you do not agree to an alternative, we will refund the amount paid for the unavailable product.

13. Prices

Unless otherwise stated, prices displayed on tellyhear.com.au are in Australian dollars and include GST where applicable.

Any delivery charges or other unavoidable charges payable to TellyHear will be disclosed as required before you complete your purchase.

We may change prices for future purchases at any time.

A change in the advertised price will not retrospectively change the agreed price of an order that we have already accepted, except where permitted by law and agreed with you.

Promotions and discount offers may be subject to separate conditions displayed with the relevant promotion.

14. Pricing and listing errors

We take reasonable steps to ensure prices and listings are accurate.

Occasionally, a website error, technical problem or data error may result in incorrect information being displayed.

If we identify a genuine error before an order has been accepted, we may correct the error and give you the option to proceed at the correct price.

If payment has already been taken for an order that we cannot lawfully or reasonably fulfil because of the error, we will contact you and provide an appropriate refund unless you agree to proceed on corrected terms.

Nothing in this section limits any rights you have under the Australian Consumer Law concerning displayed prices or misleading representations.

15. Orders and acceptance

Placing an order through our website constitutes an offer by you to purchase the products or services described in your order.

An automated order confirmation may acknowledge that we have received your order but does not necessarily mean that we have completed all clinical, payment, fraud or availability checks.

We may decline or cancel an order before fulfilment where reasonably necessary because of circumstances including:

• the product being unavailable
• an obvious pricing or technical error
• payment not being authorised
• suspected fraud
• inaccurate information
• an inability to deliver the product
• legal or regulatory restrictions
• our audiologist reasonably determining that the requested service cannot appropriately be provided on the information available.

Where we cancel an order after taking payment and you are not responsible for an outstanding amount, we will refund the amount paid for the cancelled portion of the order.

We will not exercise this right arbitrarily.

16. Payment

Payments may be processed through Stripe or another payment method displayed at checkout.

You authorise the relevant payment provider to charge the amount displayed and agreed at checkout.

You are responsible for ensuring that:

• your payment information is accurate
• you are authorised to use the selected payment method
• sufficient funds or credit are available.

Payment providers may apply their own terms and privacy policies.

We do not generally receive or store your complete payment card details where the transaction is processed directly by Stripe.

17. Payment plans and third-party finance

Where we make a payment plan, instalment provider or other third-party payment service available, that service may be provided independently by another organisation.

Separate eligibility criteria, credit requirements, fees and terms may apply.

TellyHear does not guarantee that you will qualify for a third-party payment facility.

Your agreement with a finance or payment provider is separate from these Terms unless expressly stated otherwise.

Nothing in these Terms affects rights that may apply to you under laws regulating the relevant payment or finance service.

18. Shipping and delivery

After an order is accepted, a hearing aid may be sent to our audiologist or another appropriate service provider for programming, configuration or preparation before being sent to you.

Delivery times displayed on our website are estimates unless expressly stated otherwise.

Delivery may be affected by circumstances outside our reasonable control, including:

• manufacturer delays
• distributor delays
• courier delays
• public holidays
• severe weather
• transport disruptions
• incorrect delivery information
• additional clinical information being required.

We will take reasonable steps to fulfil orders within the timeframe represented to you or, where no specific timeframe has been agreed, within a reasonable time.

You are responsible for providing an accurate delivery address.

Risk of accidental loss or damage will not pass to you merely because a product has been sent internally to our audiologist. Risk generally passes when the product is delivered to you or a person authorised to receive it on your behalf, subject to applicable law.

19. Receiving your hearing aids

You should inspect your order reasonably promptly after delivery.

If your order:

• is damaged
• appears faulty
• contains an incorrect product
• is missing an item
• does not match what you ordered,

please contact us at admin@tellyhear.com.au.

You should follow the manufacturer’s instructions and any fitting, care, charging, cleaning or usage instructions provided by us or our audiologist.

20. Adjustments and support

It is normal for hearing aids to require adaptation and, in some cases, subsequent adjustments.

Where support or adjustment services are included with your purchase, the scope of those services will be described on our website or communicated to you.

You should contact us if you experience difficulties with your hearing aid rather than making programming changes or physical modifications that could damage the device.

21. Returns and change of mind

Any voluntary change-of-mind return period offered by TellyHear will be governed by the return or trial conditions displayed on our website at the time of purchase.

Those voluntary rights are in addition to, and do not replace, your rights under the Australian Consumer Law.

Conditions may apply to voluntary change-of-mind returns, such as requirements relating to:

• the return period
• product condition
• included accessories
• packaging
• damage
• loss
• return procedures.

However, a voluntary return condition will not be applied in a way that unlawfully removes a remedy you are entitled to under the Australian Consumer Law.

22. Australian Consumer Law

Our products and services come with consumer guarantees under the Australian Consumer Law that cannot be excluded by these Terms.

Depending on the circumstances, these include guarantees that goods:

• are of acceptable quality
• are fit for any disclosed purpose
• match their description
• match any sample or demonstration model where applicable,

and that services:

• are provided with due care and skill
• are fit for an agreed purpose where the relevant guarantee applies
• are provided within a reasonable time where no time has been agreed.

If a product or service fails to satisfy an applicable consumer guarantee, you may be entitled to remedies including repair, replacement, refund, cancellation or compensation depending on the circumstances and whether the failure is major.

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded.

23. Manufacturer and voluntary warranties

A hearing aid may also be covered by a manufacturer warranty or another voluntary warranty offered by TellyHear.

The duration and conditions of any voluntary warranty will be described with the relevant product, warranty documentation or warranty policy.

A manufacturer’s or TellyHear warranty is additional to your Australian Consumer Law rights.

Expiry of a voluntary warranty does not automatically mean that you no longer have rights under the Australian Consumer Law.

We may require reasonable information to assess a warranty claim, such as:

• proof of purchase
• device serial number
• details of the problem
• photographs
• return of the device for assessment.

24. Damage and misuse

A voluntary warranty may not cover damage resulting from circumstances excluded by the applicable warranty terms, such as deliberate damage, misuse, unauthorised modification or damage inconsistent with ordinary use.

However, nothing in such a warranty exclusion removes rights that you otherwise have under the Australian Consumer Law.

25. Repairs

If a hearing aid needs assessment or repair, we may arrange for it to be sent to:

• our audiologist
• the manufacturer
• the Australian distributor
• an authorised repair provider.

Repair timeframes may depend on availability of parts and the manufacturer or repair provider.

We will provide information about the process where reasonably practicable.

26. Rebates, insurance and government programs

Information on our website regarding private health insurance, rebates, government assistance, funding arrangements or similar programs is general information unless expressly stated otherwise.

Eligibility can depend on your personal circumstances and the rules of the relevant organisation or program.

Unless we expressly guarantee otherwise, you are responsible for confirming your eligibility and expected benefit with the relevant insurer, government agency or program.

Where TellyHear assists with a claim or application, you must provide accurate information.

We do not guarantee approval by a third party.

27. Promotions and discount offers

From time to time, we may offer:

• promotional codes
• discounts
• price matching
• limited-time offers
• bundled products
• other promotions.

Separate eligibility criteria or conditions may apply.

Unless stated otherwise:

• promotions cannot necessarily be combined
• discounts have no cash value
• an offer may end on the stated expiry date
• eligibility requirements must be satisfied.

We will not change the terms of a promotion retrospectively in relation to an order already accepted under that promotion.

28. Personal use and reselling

Products purchased through TellyHear are primarily intended for personal use by the purchaser or another person for whom the purchaser is genuinely arranging hearing care.

You must not use our website to purchase products for unauthorised commercial resale, distribution or other commercial exploitation.

We may reasonably investigate unusually large or suspicious orders and may decline orders where we reasonably believe they are being made for unauthorised resale, fraud or another improper commercial purpose.

This does not affect any rights that cannot lawfully be restricted.

29. User accounts

If our website allows you to create an account, you are responsible for:

• maintaining the confidentiality of your login details
• using a secure password
• providing accurate information
• notifying us if you reasonably suspect unauthorised access to your account.

You must not access another person’s account without authority.

We may take reasonable steps to suspend access where we suspect security compromise, fraud or misuse.

30. Acceptable use of the website

You must not use tellyhear.com.au:

• for unlawful purposes
• fraudulently
• to impersonate another person
• to submit false health or payment information
• to interfere with the operation or security of the website
• to attempt unauthorised access to accounts, systems or data
• to upload malicious software
• to scrape or systematically extract website content for an unauthorised commercial purpose
• to infringe intellectual property rights
• to harass our personnel or other users.

We may reasonably restrict access to protect our website, customers, personnel or legal rights.

31. Intellectual property

Unless otherwise indicated, the content of tellyhear.com.au is owned by or licensed to TellyHear.

This may include:

• text
• graphics
• page designs
• videos
• photographs
• logos
• software
• databases
• product guides
• educational materials.

Manufacturer trademarks, product images and other third-party intellectual property remain the property of their respective owners.

You may use our website for ordinary personal purposes.

You must not reproduce, distribute, commercially exploit or substantially copy our proprietary content without permission, except where permitted by law.

32. Reviews and other content you submit

If you voluntarily submit a review, testimonial, comment or other content intended for publication, you grant TellyHear permission to display, reproduce and use that content for purposes reasonably connected with our business and marketing.

We will not intentionally publish your private health information as part of a testimonial without appropriate permission.

You must not submit content that:

• is knowingly false or misleading
• infringes another person’s rights
• is unlawful
• contains confidential information you are not authorised to disclose.

33. Privacy

Our collection and handling of personal and health information is governed by our Privacy Policy, available on tellyhear.com.au.

By providing information to us, you acknowledge that it will be handled as described in our Privacy Policy and any additional privacy notice or consent process presented to you.

34. Third-party services and links

Our website and services may interact with third-party providers including:

• Stripe
• Google
• couriers
• hearing aid manufacturers
• hearing aid distributors
• technology providers
• video or communications services
• other service providers.

Third-party services may also be governed by their own terms and privacy policies.

TellyHear is not responsible for the operation of a third-party website or service that you independently choose to access.

However, nothing in this section excludes any responsibility TellyHear has under Australian law for providers we engage in supplying our own products or services to you.

35. Email and SMS communications

We may send service-related communications concerning:

• orders
• delivery
• payments
• appointments
• consultations
• hearing aid programming
• adjustments
• warranty matters
• repairs
• product safety
• customer support.

These communications may be necessary to provide the product or service you requested.

Where you consent to receive marketing communications, we may also send marketing about TellyHear products, services, promotions and hearing-related information.

Marketing consent is not a condition of purchasing a hearing aid unless expressly required for a particular optional promotion and permitted by law.

You may withdraw from electronic marketing at any time using the unsubscribe mechanism provided in the communication or by contacting us.

Where SMS marketing is used, instructions such as Reply STOP to unsubscribe may be provided.

Service-related communications may continue after you opt out of marketing where reasonably necessary to provide services you have requested.

36. Website availability

We aim to maintain availability of tellyhear.com.au but do not guarantee uninterrupted access.

The website may occasionally be unavailable because of:

• maintenance
• upgrades
• technical failures
• service-provider outages
• cybersecurity incidents
• circumstances outside our reasonable control.

We may make reasonable changes to the website and its functionality over time.

37. Limitation of liability

Nothing in these Terms excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded under the Australian Consumer Law or another applicable law.

To the extent permitted by law, TellyHear is not liable for loss caused solely by:

• your unlawful use of our website
• information you knowingly provide that is materially false or inaccurate
• use of a product contrary to clear instructions or warnings
• unauthorised modification of a product
• an event entirely outside our reasonable control where the law permits liability to be limited.

We do not exclude liability where doing so would be unlawful.

Nothing in these Terms excludes liability for loss to the extent caused by TellyHear’s negligence, breach of contract or breach of a non-excludable statutory obligation where such liability cannot lawfully be excluded.

38. Your responsibility for misuse

You are responsible for reasonably foreseeable loss suffered by TellyHear to the extent that the loss is directly caused by your unlawful, fraudulent or deliberately malicious use of our website or services.

You are not responsible under this section for loss caused by TellyHear’s own conduct or for matters outside your reasonable control.

39. Changes to these Terms

We may update these Terms from time to time to reflect changes in:

• our business
• our products and services
• technology
• legal requirements
• website functionality.

The current version will be published on tellyhear.com.au with its effective date.

Changes will generally apply prospectively.

We will not use a change to these Terms to retrospectively remove rights or materially alter the agreed terms of an existing accepted order where doing so would be unlawful or unfair.

40. Complaints and disputes

If you have a problem with an order, service or these Terms, please contact us first so that we can attempt to resolve it.

Email: admin@tellyhear.com.au

Nothing in this section restricts your right to contact an applicable consumer protection agency, regulator, court or tribunal.

41. Governing law

These Terms are governed by the laws applicable in Victoria, Australia and applicable Commonwealth laws, including the Australian Consumer Law.

You and TellyHear submit to the courts and tribunals having jurisdiction under applicable Australian law.

Nothing in this section restricts any right you have to bring a claim in another jurisdiction where applicable consumer law gives you that right.

42. Severability

If a provision of these Terms is found to be invalid, void or unenforceable, that provision will be treated as severed or limited to the extent necessary.

The remaining provisions will continue to operate to the extent permitted by law.

43. No waiver

If TellyHear does not immediately exercise a right under these Terms, that does not necessarily mean we have waived that right.

44. Contact us

Questions regarding these Terms can be directed to:

Tellyhear By Lachlan Smith Pty Ltd
ABN 59 700 760 185
ACN 700 760 185

Website: tellyhear.com.au
Email: admin@tellyhear.com.au
Location: Moonee Ponds VIC 3039, Australia