Terms and Conditions

1Acceptance of These Terms

These Terms apply when a person:

• accesses or uses our website;
• submits an online enquiry;
• books or attends an appointment;
• receives a hearing, ear health or related service;
• purchases, orders, trials, borrows or collects a product;
• accepts a quotation or service plan; or
• otherwise engages Wang To Hear to provide products or services.

By proceeding with a booking, purchase or service, you acknowledge that you have had a reasonable opportunity to review these Terms.

If you do not agree with the website-use provisions in these Terms, you should stop using the website.

Additional written terms may apply to a particular:

• hearing aid order;
• trial or satisfaction period;
• fitting and aftercare package;
• custom-made product;
• promotion;
• government-funded service; or
• third-party funding arrangement.

The applicable quotation, order form, fitting agreement or trial agreement should be read together with these Terms.

These Terms do not replace a clinical or procedure-specific consent form.

2Who May Make a Booking or Order

A person making a purchase or accepting a quotation must:

• be at least 18 years old;
• have legal capacity to enter the agreement; or
• be legally authorised to act for the client.

A parent, guardian, carer or authorised representative may book services for another person where they have appropriate authority.

We may request evidence of identity or authority where reasonably required.

3Changes to These Terms

We may update these Terms to reflect changes to our services, products, website, business practices or legal obligations.

The current version will be published on our website with its effective date.

Updated terms apply prospectively to future website use, bookings, orders and services. A change will not retrospectively remove rights that have already arisen under an accepted quotation, completed purchase or existing agreement.

Continued use of the website after an update constitutes acceptance of the updated website-use provisions.

4Our Services

Services offered by Wang To Hear may include:

• free hearing screenings;
• comprehensive and diagnostic hearing assessments;
• speech and specialised hearing testing;
• tinnitus and sound-tolerance consultations;
• hearing aid advice and selection;
• hearing aid fitting, verification and rehabilitation;
• hearing aid adjustment, cleaning and troubleshooting;
• services for hearing aids purchased elsewhere;
• earwax assessment and removal;
• foreign-object assessment and removal where clinically appropriate;
• custom earmoulds and hearing protection;
• home visits;
• clinical reports and referrals; and
• other hearing-related services described on our website or booking system.

Not every service is suitable for every person. The availability and suitability of a service may depend on the client’s:

• age;
• symptoms;
• medical and hearing history;
• clinical presentation;
• communication needs;
• ability to participate;
• appointment location; and
• available facilities and equipment.

We may recommend that the client consult a general practitioner, ear, nose and throat specialist, emergency department or another healthcare provider before we provide or continue a service.

5Hearing Screenings

A hearing screening is a brief preliminary check and is not the same as a comprehensive diagnostic hearing assessment.

A screening:

• may test only selected frequencies or aspects of hearing;
• may identify that further assessment is appropriate;
• does not necessarily determine the type or cause of a hearing problem; and
• must not be relied on as a substitute for medical or diagnostic assessment.

Where a screening indicates a possible hearing concern, we may recommend a comprehensive assessment or medical referral.

6Clinical Information

Clients must provide information that is complete and accurate to the best of their knowledge, including relevant information about:

• symptoms and concerns;
• medical and surgical history;
• current medications;
• allergies and sensitivities;
• ear and hearing history;
• previous testing or treatment;
• hearing aids or other devices; and
• changes in health or circumstances.

We rely on this information when assessing whether a service is safe and appropriate.

Failure to disclose relevant information may affect the safety, accuracy or suitability of a service.

7Informed Consent

Before a clinical procedure, we will provide an explanation appropriate to the circumstances, which may include:

• the nature and purpose of the procedure;
• expected benefits;
• material risks and possible side effects;
• reasonable alternatives;
• relevant limitations; and
• whether medical referral may be required.

Clients may:

• ask questions;
• request further explanation;
• decline a recommendation;
• request that a procedure be stopped; or
• withdraw consent at any time.

Withdrawal of consent does not affect services already lawfully provided.

We may be unable to provide or complete a service where relevant information or required consent is not provided.

Consent to one service does not automatically constitute consent to every future procedure.

8Clinical Outcomes and Limitations

We will provide services with due care and skill. However, clinical results and individual experiences vary.

We do not guarantee:

• a particular test result;
• complete earwax removal in one appointment;
• that a procedure will be suitable or successful;
• that hearing aids will restore normal hearing;
• that hearing aids will resolve every communication difficulty;
• that tinnitus or sound sensitivity will completely resolve;
• compatibility with every mobile phone, application or wireless device; or
• a particular amount of benefit from a product or service.

A procedure may be modified, postponed or stopped because of:

• pain or discomfort;
• bleeding or discharge;
• inflammation or suspected infection;
• suspected eardrum perforation;
• impacted or difficult earwax;
• an abnormal or unexpected finding;
• environmental or equipment limitations;
• difficulty safely completing the procedure; or
• another clinical concern.

Where assessment, advice or part of a service has already been provided, a reasonable professional fee may still apply even if the intended procedure cannot be completed.

9Medical and Emergency Care

Audiologists provide hearing and related health services but are not medical practitioners.

Wang To Hear does not provide emergency medical care.

Clients should seek urgent medical attention for symptoms including:

• sudden or rapidly worsening hearing loss;
• severe ear pain;
• significant bleeding or discharge;
• sudden severe dizziness;
• facial weakness or other neurological symptoms;
• head injury;
• a button battery or dangerous foreign object in the ear; or
• any condition that appears urgent or life-threatening.

Our website, email, SMS and online booking system must not be used to request emergency assistance.

10Appointments

An appointment is confirmed when confirmation is provided by us or through our authorised booking system.

Clients should arrive on time and bring any requested:

• referral;
• concession or funding information;
• private health insurance information;
• previous hearing reports;
• hearing aids, chargers and accessories; and
• identification required for claims or funding arrangements.

Where a client arrives late, we may:

• provide a shortened appointment;
• complete only part of the intended service;
• reschedule the appointment; or
• charge for professional time already reserved or provided.

We cannot guarantee that the full service will be completed when insufficient appointment time remains.

11Cancellations and Non-Attendance

Clients should provide at least 24 hours’ notice when cancelling or rescheduling an appointment.

For a cancellation with less than 24 hours’ notice, or where a client does not attend, we may charge a fee of up to:

$50 or 50% of the booked appointment fee, whichever is lower.

The fee reflects reserved professional time and reasonable administrative loss. It is not intended to operate as a penalty.

We may waive the fee where there is:

• an emergency;
• sudden illness;
• a significant unexpected event; or
• another circumstance outside the client’s reasonable control.

Cancellation fees will not ordinarily apply to free hearing screenings. However, following repeated late cancellations or non-attendance, we may require a refundable booking deposit before accepting another appointment.

Where Wang To Hear cancels an appointment, we will take reasonable steps to offer an alternative appointment.

12Home Visits and Off-Site Services

A home visit or off-site service may attract a travel or call-out fee disclosed before the appointment.

The client must provide:

• a safe and reasonably accessible environment;
• adequate lighting and space;
• access to electricity where required;
• accurate parking and access information; and
• a support person where reasonably necessary.

Pets must be safely restrained while the service is being provided.

We may postpone, modify or stop a visit where the environment is unsafe, unsuitable or prevents the service from being performed appropriately.

Some tests and procedures may not be available outside the clinic because of:

• background noise;
• calibration requirements;
• equipment limitations;
• infection-control requirements; or
• clinical safety considerations.

13Fees and Payment

Service prices may be displayed on our website, HotDoc, appointment confirmation, price list or written quotation.

Unless otherwise agreed:

• prices are in Australian dollars;
• GST is included where applicable;
• payment is due on the day the service is provided;
• deposits may be required for products, custom items, trials, extended appointments or home visits; and
• outstanding balances must be paid before ordered products are released.

Payment may be made using the methods available at the clinic or shown on the invoice.

A card surcharge may apply where it is disclosed before payment and permitted by law.

We may change our prices prospectively. A price change will not affect an accepted written quotation during its stated validity period unless:

• the client changes the order;
• additional products or services are requested;
• additional work becomes necessary and is approved;
• information supplied to us was incomplete or inaccurate; or
• the quotation expressly allows an adjustment.

We will explain material additional charges before proceeding where reasonably practicable.

14Quotations and Deposits

A quotation remains valid for the period shown on it. If no period is stated, it will ordinarily remain valid for 30 days.

A deposit may be required before:

• placing a hearing aid order;
• ordering a custom or special-order product;
• commencing manufacturing;
• reserving trial devices; or
• booking a service requiring significant preparation.

Where a client cancels after we have incurred non-recoverable supplier, laboratory, freight, customisation or professional costs, those reasonable costs may be deducted from the deposit.

We will not retain an amount that is disproportionate to the loss or cost reasonably incurred.

15Medicare, Private Health Insurance and Funding Programs

A client may be eligible for assistance through:

• Medicare;
• private health insurance;
• the Australian Government Hearing Services Program;
• the Department of Veterans’ Affairs;
• WorkSafe or another compensation scheme;
• NDIS, where applicable; or
• another third-party payer.

Eligibility, benefit amounts and approval are determined by the relevant organisation.

They may depend on:

• referral requirements;
• membership or policy conditions;
• waiting periods;
• annual limits;
• item numbers;
• clinical eligibility;
• provider recognition;
• prior approval; and
• current program rules.

We do not guarantee that a claim or rebate will be approved.

The client is responsible for:

• confirming eligibility;
• providing accurate and current information;
• obtaining any required referral or approval; and
• paying any gap, excess, rejected claim or amount not covered.

If a claim is rejected or later reversed, the client remains responsible for the outstanding balance unless the rejection resulted from an error made by us.

Services provided under a government or third-party program are also subject to the rules, rights and responsibilities of that program.

16Product Orders and Acceptance

Submitting an order, approving a quotation or paying a deposit is an offer to purchase the relevant product.

An order becomes binding when we:

• accept the order;
• receive any required deposit; and
• confirm that the product can be supplied.

We may decline or cancel an order before supply where:

• the product is unavailable;
• the manufacturer has discontinued the product;
• payment cannot be processed;
• the order contains an obvious pricing or description error;
• the product is not clinically suitable; or
• we cannot lawfully or safely supply it.

Where we cancel an order before supply, amounts paid for products or services not supplied will be refunded.

17Product Descriptions and Compatibility

Products may include:

• hearing aids;
• assistive listening devices;
• chargers;
• batteries;
• receivers and domes;
• earmoulds;
• hearing protection;
• remote controls and accessories;
• cleaning products; and
• replacement parts.

Website images and product photographs are illustrative. Actual appearance, packaging, included accessories and software may vary.

Product performance, battery duration, wireless connectivity and compatibility may be affected by:

• individual usage;
• maintenance;
• environmental conditions;
• hearing loss and ear anatomy;
• mobile phone hardware;
• application updates;
• operating-system updates;
• Bluetooth protocols; and
• manufacturer changes outside our control.

Clients must advise us before purchase if a particular function, telephone, application, accessory or listening situation is essential to their decision.

18Payment, Collection and Ownership

Unless otherwise stated in writing:

• the required deposit is payable when the order is placed;
• the remaining balance is payable on or before fitting, collection or delivery; and
• ownership of the product passes to the client when full payment has been received and the product has been delivered or collected.

Clients are responsible for products after they have been supplied to them, subject to any rights arising under the Australian Consumer Law.

We may retain products that have not been fully paid for.

19Fitting and Aftercare Services

A hearing aid quotation or agreement will state the fitting and aftercare services included in the purchase price.

These may include specified:

• fitting appointments;
• verification;
• follow-up appointments;
• fine-tuning;
• counselling;
• cleaning; and
• review services.

Unless expressly described as unlimited, included services are limited to the period and number stated in the quotation or agreement.

Additional appointments, replacement components, repairs, consumables or services outside the included package may attract a fee.

The purchase of a hearing aid does not guarantee free professional services indefinitely.

20Voluntary Hearing Aid Trial or Return Period

Where we offer a hearing aid trial, satisfaction period or voluntary return arrangement, its conditions will be stated in the quotation, order form or hearing aid agreement.

The written conditions may include:

• the commencement and expiry dates;
• the hearing aids covered;
• appointment requirements;
• fitting or professional fees;
• supplier or restocking costs;
• custom-component costs;
• return conditions;
• loss or damage charges; and
• the amount eligible for refund or credit.

To rely on a voluntary trial arrangement, the client must ordinarily:

• notify us before the trial period expires;
• arrange an appointment to return or exchange the devices;
• return the hearing aids and included accessories;
• use the products only for their intended purpose; and
• take reasonable care of them.

If a more expensive product is selected during an exchange, the price difference must be paid.

Where a less expensive product is selected, the applicable price difference will be refunded or credited, subject to any disclosed non-refundable costs.

A voluntary trial or satisfaction period is additional to, and does not limit, rights under the Australian Consumer Law.

21Change-of-Mind Returns

Unless a specific written trial or change-of-mind policy applies, we are not required to provide a refund or exchange solely because a client:

• changes their mind;
• finds a lower price elsewhere;
• no longer wants the product;
• selects the wrong product after receiving accurate information; or
• does not use the product.

For health, hygiene and infection-control reasons, we may decline change-of-mind returns for opened or used products that come into contact with the ear.

Change-of-mind refunds will not ordinarily be available for:

• completed clinical services;
• hearing assessments;
• completed reports;
• ear impressions or scans;
• custom or special-order products;
• opened consumables;
• services already performed; or
• fitting and programming time already provided.

This section does not limit rights relating to faulty products or services.

22Custom and Special-Order Products

Custom and special-order products may include:

• custom hearing aids;
• earmoulds;
• custom hearing protection;
• individually manufactured components; and
• products ordered or modified for a particular client.

Once manufacturing, ordering or customisation has commenced, cancellation for change of mind may not be possible.

Where a client cancels a custom or special order, we may deduct reasonable non-recoverable costs already incurred, including:

• supplier charges;
• laboratory fees;
• impressions or scans;
• freight;
• custom programming; and
• professional services already performed.

This does not limit the client’s rights if the product is faulty, not as described, not fit for an agreed purpose or otherwise fails to comply with an applicable consumer guarantee.

23Consumer Guarantees and Manufacturer Warranties

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

Depending on the nature and seriousness of a problem, a client may be entitled to:

• repair;
• replacement;
• refund;
• cancellation;
• repeat performance of a service; or
• compensation for reasonably foreseeable loss.

Manufacturer warranties are additional to, and do not replace, statutory consumer rights.

Manufacturer warranty periods and conditions vary by product. The applicable warranty information will be provided with the product, quotation, invoice or fitting documentation where available.

Before providing a remedy, we may reasonably inspect, test or arrange manufacturer assessment of the product.

Manufacturer warranty or complimentary repair coverage may not apply where a problem was caused by:

• accidental damage;
• misuse or abnormal use;
• unauthorised repair or modification;
• loss or theft;
• failure to follow reasonable care instructions;
• damage outside the manufacturer’s warranty conditions; or
• ordinary wear and tear.

Nothing in this section limits a legal right that cannot be excluded.

24Repairs and Maintenance

We may need to send a product to a manufacturer or repair centre for assessment.

Repair timeframes are estimates and may be affected by:

• parts availability;
• manufacturer processing;
• freight;
• public holidays;
• warranty assessment; or
• circumstances outside our reasonable control.

We will advise the client of any material non-warranty cost before proceeding where reasonably practicable.

A fee may apply for:

• fault assessment;
• cleaning;
• freight;
• non-warranty repairs;
• replacement parts;
• express service; or
• programming after repair.

Services and maintenance provided under the Hearing Services Program are subject to the current program rules and the client’s applicable maintenance agreement.

25Loss, Theft and Damage

Clients must take reasonable care of products in their possession, including trial, loan and repaired devices.

Unless covered by a warranty, insurance policy, written loss-and-damage arrangement or government program, the client may be responsible for the repair or replacement cost of products that are:

• lost;
• stolen;
• deliberately damaged;
• damaged through misuse; or
• not returned when required.

Hearing aids, batteries and accessories should be stored safely away from children and animals.

Clients may wish to consider whether their hearing aids are covered under an appropriate home, contents or other insurance policy.

26Loan Devices

Where available, we may provide a loan device while a client’s hearing aid is being repaired or replaced.

Loan availability, suitability and duration are not guaranteed.

A loan agreement may require:

• identification;
• a refundable security deposit;
• a weekly or administrative fee;
• return by a specified date; and
• payment for loss or damage beyond reasonable wear and tear.

The client must promptly notify us if a loan device is lost, damaged or malfunctioning.

27Hearing Aids Purchased Elsewhere

We may agree to inspect, clean, troubleshoot, adjust or reprogram hearing aids purchased from another provider.

Clients should provide the device:

• brand;
• model;
• serial number;
• charger and accessories; and
• previous programming information, where available.

We do not guarantee that we can:

• connect to the device;
• obtain the required software;
• obtain replacement parts;
• transfer a warranty;
• recover previous programming;
• repair the device; or
• achieve a particular result.

Fees may apply for assessment and professional time even where the device cannot be connected, adjusted or repaired.

We are not responsible for pre-existing faults, damage, programming issues or manufacturer restrictions that were not caused by us.

28Delivery and Postage

Delivery, courier, postage and handling charges may apply where disclosed before dispatch.

Clients must provide accurate delivery and contact information.

Estimated delivery dates are not guaranteed and may be affected by manufacturers, suppliers, couriers or circumstances outside our reasonable control.

Where we arrange delivery, clients should contact us promptly if a product:

• does not arrive;
• is delivered damaged;
• is incomplete; or
• is not the product ordered.

Nothing in this section limits applicable consumer rights concerning delivery, damaged goods or products not supplied.

29Website Information

The website provides general information about Wang To Hear, hearing health, our services and our products.

Website information:

• is provided for general educational and informational purposes;
• is not personalised clinical or medical advice;
• must not be used to diagnose or treat a condition;
• does not replace consultation with an audiologist or medical practitioner; and
• may not be suitable for every person.

Clients should not delay seeking professional or urgent medical care because of information published on the website.

We take reasonable steps to keep website information accurate and current but do not guarantee that every page is complete, error-free or suitable for a particular purpose.

30Website Availability and Security

We do not guarantee that the website will always be:

• available;
• uninterrupted;
• error-free;
• compatible with every device or browser; or
• free from viruses or other harmful code.

Website access may be suspended or restricted for maintenance, security, updates or circumstances outside our reasonable control.

Users should take reasonable precautions to protect their own devices, systems and data.

31Acceptable Use

You may use the website only for lawful personal or business-enquiry purposes.

You must not:

• use the website for an unlawful or fraudulent purpose;
• attempt to gain unauthorised access to the website, server, account, database or network;
• access an area not intended for your use;
• introduce a virus, malware or other harmful material;
• interfere with the operation or security of the website;
• impersonate Wang To Hear, a staff member or another person;
• submit information you know is false, misleading, defamatory or unlawful;
• infringe another person’s privacy, copyright or intellectual property rights;
• use bots, scraping tools or automated systems to extract website content without permission;
• reverse-engineer or attempt to copy protected website functions;
• send spam or unauthorised promotional material through the website; or
• use website content for commercial purposes without written permission.

We may restrict or block access where we reasonably believe a person has breached these Terms or presents a security risk.

Unlawful conduct may be reported to the appropriate authorities.

32Intellectual Property

Unless otherwise stated, website content including:

• text;
• graphics;
• photographs;
• videos;
• downloadable resources;
• clinical information;
• logos;
• branding;
• page designs; and
• other original materials

is owned by or licensed to Wang To Hear and is protected by applicable intellectual property laws.

We grant users a limited, non-exclusive and revocable right to view the website for personal and non-commercial use.

Without our prior written permission, users must not:

• reproduce;
• republish;
• modify;
• distribute;
• sell;
• commercially exploit;
• frame; or
• create derivative works from

a substantial part of the website or its content, except where permitted by law.

Third-party trademarks remain the property of their respective owners.

33Third-Party Links and Platforms

The website may contain links to websites or services operated by third parties, including:

• booking platforms;
• payment providers;
• government agencies;
• manufacturers;
• insurers;
• educational resources; and
• social media platforms.

A link is provided for convenience and does not necessarily constitute endorsement.

We do not control and are not responsible for:

• third-party content;
• website availability;
• accuracy;
• security;
• privacy practices; or
• products and services supplied by third parties.

Users should review the applicable terms and privacy policies before using a third-party website or service.

Nothing in this section limits responsibility that cannot lawfully be excluded.

34Website Analytics, Cookies and Privacy

Our website may use cookies or basic analytics to understand website use and improve its content and functionality.

Detailed information about personal information, website enquiries, cookies, analytics, clinical records and privacy complaints is contained in our Privacy Policy:

www.wangtohear.com.au/privacy-policy

The Privacy Policy should be read together with these Terms.

Agreeing to these Terms does not provide unlimited consent for every use or disclosure of personal or health information and does not replace clinical informed consent.

35Client Conduct

Clients, website users and accompanying persons must treat staff and other clients respectfully.

We may refuse, postpone, suspend or end a non-urgent service where:

• the requested service is outside our scope;
• the service is clinically inappropriate or unsafe;
• required consent or essential information is not provided;
• the person does not comply with reasonable safety requirements;
• there is threatening, abusive, discriminatory or seriously disruptive conduct;
• property or equipment is deliberately damaged;
• a conflict of interest exists;
• suitable facilities or equipment are unavailable; or
• fees remain unpaid without an agreed payment arrangement.

Where clinically and legally appropriate, we will provide information about alternative care or continuity of services.

36Limitation of Liability

Nothing in these Terms excludes, restricts or modifies:

• rights under the Australian Consumer Law;
• an applicable consumer guarantee;
• liability for fraud;
• liability that cannot legally be excluded; or
• another mandatory legal right or remedy.

To the extent permitted by law, we are not responsible for loss caused by:

• incomplete or inaccurate information provided by the client;
• failure to follow reasonable clinical or product-care instructions;
• use of a product for a purpose other than its intended purpose;
• unauthorised repair or modification;
• changes to third-party software, applications or operating systems;
• delay in obtaining recommended medical care; or
• circumstances outside our reasonable control.

Where liability for services can lawfully be limited, our liability may be limited to:

• supplying the relevant service again; or
• paying the reasonable cost of having the service supplied again.

This section must always be interpreted subject to mandatory consumer and health-service rights.

37Privacy

Wang To Hear handles personal and health information in accordance with its Privacy Policy and applicable privacy and health-records obligations.

The Privacy Policy explains:

• what information we collect;
• how it is collected;
• why it is used;
• when it may be disclosed;
• record storage and security;
• access and correction;
• website enquiries and analytics;
• communications; and
• privacy complaints.

Privacy enquiries should be directed to info@wangtohear.com.au.

38Complaints and Feedback

We welcome feedback and aim to respond to complaints fairly and promptly.

Complaints may be submitted to:

Wang To Hear Pty Ltd
Suite 412, 89 High Street South
Kew VIC 3101
Telephone: (03) 9067 7769
Email: info@wangtohear.com.au

Please include sufficient information for us to understand and investigate the concern, such as:

• the client’s name and contact information;
• relevant dates;
• the product or service involved;
• a description of the concern; and
• the outcome being requested.

Where a health-service complaint cannot be resolved directly, the client may contact the Victorian Health Complaints Commissioner.

Consumer concerns may also be raised with Consumer Affairs Victoria.

Privacy complaints are handled as described in our Privacy Policy.

Making a complaint will not affect a client’s right to respectful and clinically appropriate care.

39Severability

If a provision of these Terms is invalid, unlawful or unenforceable, it will be interpreted as narrowly as necessary or removed.

The remaining provisions will continue to apply.

40Governing Law

These Terms are governed by the laws of Victoria and the applicable laws of the Commonwealth of Australia.

The parties submit to the courts and tribunals having jurisdiction in Victoria, subject to any legal right a consumer has to bring a matter in another jurisdiction.

41Contact

Questions about these Terms may be directed to:

Wang To Hear Pty Ltd
Suite 412, 89 High Street South
Kew VIC 3101
Telephone: (03) 9067 7769
Email: info@wangtohear.com.au
Website: www.wangtohear.com.au