earherosports

TERMS & CONDITIONS

This website is owned by Preneur Group Pty Ltd.

Your access to this website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in these terms of use (collectively “Terms of Use”) and otherwise contained on earherosports.com.au (“Site”).

Your use of, and/or access to, this Site constitutes your agreement to the Terms of Use. Preneur Group Pty Ltd reserves the right, and it its sole discretion, to amend the Terms of Use by posting the revised Terms of Use at any time and without notice to you. Such amendments will be effective upon posting. It is therefore your responsibility to read these Terms of Use carefully and check these Terms of Use periodically for amendments. Your continued use of the Site following the posting of changes will be construed as evidence that you accept and agree to all such amendments.

A copy of the current Terms of Use is displayed on the Site at all times.

PRIVACY POLICY

The privacy policy of Preneur Group Pty Ltd (“Privacy Policy”) applies to all use of this Site, and its terms are hereby made a part of these Terms of Use.

Preneur Group Pty Ltd will not share any of your user information with external parties, although some of your private details may be seen by other users. Preneur Group Pty Ltd further retains the right at all times to monitor, retain and disclose any information as necessary for us to satisfy our obligations under any applicable laws.

Additionally, by using the Site you acknowledge that Internet transmissions are not always private or secure. You understand that while Preneur Group Pty Ltd implements and maintains security and safety measures against loss of data and information, any information you send to the Site may be read or intercepted by others, even if particular transmissions are encrypted.

For more information, please see our full Privacy Policy.

LIMITATION OF LIABILITY

You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use of the Site or the content, postings or material on or accessible through the Site (including any other content or transactions conducted through the Site or any linked site).

Except as expressly stated in these terms, or in any applicable warranty provided with certain goods, and to the extent permitted by law, Preneur Group Pty Ltd will not be liable for any loss, expense, damage, or injury that is suffered (however so caused) in connection with your access to, or use of, or inability to use the Site or the content or materials of the Site (including linked websites) or goods purchased through the Site, whether based in contract, tort, negligence, statute or any otherwise, except for any liability that cannot be excluded by law.

 

INTELLECTUAL PROPERTY RIGHTS

Unless this Site expressly indicates to the contrary, all information, text, material, graphics, software and advertisements appearing on this Site from time to time (“Content”) are the property of Preneur Group Pty Ltd. As such, the Content is protected by Australian and international copyright and trademark laws, and Preneur Group Pty Ltd reserves all rights accordingly.

You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, frame or embed in another website or distribute in any way any content contained on or in the Site and owned or licensed by Preneur Group Pty Ltd, except as expressly approved by us in writing or as permitted under the Copyright Act 1968 (Cth) or any other relevant Legislation.

On the express condition that users keep all Content intact and in the same form as originally presented on this Site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), Preneur Group Pty Ltd grants you permission to do the following with the material on the Site:

(a)     store a reproduction of the material on your local computer for the sole purpose of viewing the material; and

(b)   print hard copies of material for your personal information, but not commercial use.

Users must not use this Site in any manner or for any purpose which is unlawful or in any manner which violates any right of Preneur Group Pty Ltd or which is otherwise prohibited by the Terms of Use.

COMMUNICATION FACILITIES AND INFORMATION USE

This site may from time to time contain electronic bulletin boards, chat rooms and other facilities which provide for provision of feedback by users and members to Preneur Group Pty Ltd, such as real-time interaction between users and members and other electronic messaging and notice services (“Communication Facilities”).

If you contribute postings or any content to the Site, you grant Preneur Group Pty Ltd a royalty free, worldwide, perpetual, non-exclusive, and irrevocable licence to use, publish, translate, distribute, reproduce and modify anything you submit to this Site or write about the Site (including emails), in any form, and by any current or future media or technology. You consent to Preneur Group Pty Ltd not attributing your authorship to any of your postings to this Site. Preneur Group Pty Ltd may also publicly display any information that you submit.

However, in utilizing these Communication Facilities, you must not:

  • restrict or inhibit any other user or member from using or accessing any part of this Site;
  • use the Site to post or transmit any information or material that is unlawful, threatening, abusive, defamatory, pornographic, profane or otherwise offensive information or material of any kind, including, without limitation any information or material that might reasonably encourage conduct that would breach any civil or criminal law of Victoria or other applicable place, breach the rights of any applicable third parties, or is contrary to any relevant standards or codes;
  • tamper with, hinder the operation of, or make unauthorised modifications to the Site, including the removal of any copyright, trade mark or other proprietary rights notices contained in or on the Site;
  • knowingly transmit any viruses, worms, defects, trojan horses or other component designed to harm or hinder the hardware, software or other facilities of Preneur Group Pty Ltd or any of its users or members;
  • use any means to retrieve or index any portion of the Site, or collect any information about other users or Preneur Group Pty Ltd user accounts;
  • modify, adapt, translate, or reverse engineer any portion of the Site, including reformat or framing any portion of the web pages that are part of the Site;
  • create user accounts by automated means or under false or fraudulent pretences;
  • use the Site to transfer or store illegal material including that which may be deemed threatening or obscene; or
  • post or transmit any information or material that advertises or promotes another business or website without the prior written consent of Preneur Group Pty Ltd.

Preneur Group Pty Ltd reserves the right to time monitor, review or remove the contents of its Communication Facilities. However, Preneur Group Pty Ltd shall not be responsible to ensure that users or members do not post information, material or file that is offensive, contravenes any applicable law or right or is misleading or deceptive.

PURCHASE TERMS FOR GOODS

The goods are offered for sale to persons who can make legally binding contracts.

Preneur Group Pty Ltd gives no undertaking as to the availability of products advertised on the Site. Preneur Group Pty Ltd makes no warranty that goods purchased from us through the Site will meet your requirements. Details contained on this Site relating to goods have been prepared in accordance with Australian law and may not satisfy the laws of any other country.

You may offer to purchase goods described on this Site for the price specified on the Site. All prices displayed are in Australian dollars. Any relevant discounts are available only at the time of purchasing. Any offers or representations made on the website are valid for the date the Site is publicly available through the earherosports.com.au domain. Access to, storage of or otherwise dealing with the Site through any other means expressly invalidates any offer or representation.

Your order must contain your name, email address, credit card details and any other ordering information specified in the ordering process contained in the Site. Title in the goods does not pass to you until full payment has been received by Preneur Group Pty Ltd. Payment must be effected in the manner described on the Site. Prices are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.

Any items purchased from Preneur Group Pty Ltd are made pursuant to a shipment contract. All goods purchased from Preneur Group Pty Ltd will be shipped from the relevant supplier to the address provided in the order. No collection of goods from Preneur Group Pty Ltd will be accepted. Risk of loss or damage to the goods passes to you upon dispatch by Preneur Group Pty Ltd.

Should any item shipped by Preneur Group Pty Ltd be returned, having not reached its intended destination, Preneur Group Pty Ltd reserves the right to charge the Customer for further postage and handling. Upon receipt of this additional postage and handling fee, the item will be re-shipped to the nominated address.

30 DAY LIMITED GUARANTEE

Goods sold by Preneur Group Pty Ltd are subject to a 30 Day Limited Guarantee (“Guarantee”) unless expressly excluded. Any goods that are excluded from this guarantee will be clearly marked on the Site. This Guarantee is additional to any existing manufacturers’ warranty and rights provided under the Australian Consumer Laws. The Guarantee is not valid in conjunction with any other offer (to the extent permitted by law).

All instructions and conditions regarding this Guarantee form part of these Terms and Conditions. The Guarantee is subject to the following:

  • To claim, claimants must purchase an eligible product from this Site. Any Preneur Group Pty Ltd goods or services purchased or procured from retailers other than through this Site are excluded from this offer.
  • Claimants who have purchased a product from this Site may trial the product for 30 days, with the 30 day period commencing three (3) days from date of dispatch from Preneur Group Pty Ltd to allow for reasonable delivery..
  • Should the claimant not be entirely satisfied with the product and therefore wish to utilise this Guarantee, the claimant must advise Preneur Group Pty Ltd of their intention to return the product within 33 days of dispatch of the product, as noted on the receipt of purchase.
  • The product must be returned to Preneur Group Pty Ltd within 60 days of the date of purchase, as noted on their receipt of purchase. The product must be in serviceable condition and contained within the original and undamaged packaging. A copy of the receipt of purchase must be enclosed with the product in this form. The receipt for any postage fee accrued in returning the product must also be enclosed. The electronic account details for any subsequent refund must also be enclosed.
  • Incomplete or otherwise invalid claims will be deemed void. Preneur Group Pty Ltd accepts no responsibility for any lost, stolen, late, damaged or otherwise misdirected returns.
  • Preneur Group Pty Ltd reserves the right, at any time, to verify the validity of claims and to refuse claims that are not in accordance with these Terms and Conditions.
  • Upon full review of the claim by Preneur Group Pty Ltd, claimants will be notified in writing whether Preneur Group Pty Ltd is satisfied that the claim has been made in accordance with these Terms and Conditions.
  • Any subsequent refund issued by Preneur Group Pty Ltd will be issued via EFT (electronic funds transfer) to the account specified by the claimant. Claimants are responsible for ensuring that all personal details and all bank account details are provided correctly and in full. Preneur Group Pty Ltd takes no responsibility for incorrect details should they be provided by the claimant.
  • Preneur Group Pty Ltd will only accept responsibility for refund of return postage costs where itemised costs are provided by the claimant in written form with the returned product.
  • These terms constitute the entire agreement of all parties relating to the participation in this Guarantee.

REFUNDS, REPLACEMENT AND EXCHANGE POLICIES EXCLUDING THE 30 DAY LIMITED GUARANTEE

All Preneur Group Pty Ltd products come with guarantees that cannot be excluded under the Australian Consumer Law.

Outside of the 30 Day Limited Guarantee, you are not entitled to any refund outside of the provisions of Australian Consumer Law. Should you require a refund under the provisions of Australian Consumer Law, you may contact us to request refund, replacement or exchange. Noting your request but subject to availability of replacement goods or exchange goods, we will arrange for a refund, replacement or exchange as applicable under law.

NOTICES

In your use of, and/or access to, this Site, you acknowledge each of the following notices:

  • Wear restriction:

This equipment is not unbreakable. Please do not apply heat, pressure or other physical force other than that which is necessary to use the equipment.

 

  • Care restriction:

Please do not use cleaning reagents or other chemicals on our equipment and related products (except if and to the extent indicated otherwise in specific care instructions).

 

  • Age restriction:

Our equipment and related products are for the use of adults only and are not a toy. Please ensure that children between 0-3 years of age do
not put equipment and related products near their mouth for fear of choking.

 

  • Safety restriction:

Our product is designed to increase the ability of users to hear life-saving sounds in their immediate environment whilst still listening to their electronic devices. However, this product is not a safety device. Any increase in safety whilst using this device is incidental. Users must exercise judgement and not use this product if it is unsafe to do so. As with all audio devices, users must also ensure this product is used at an appropriate decibel (dB) to avoid any subsequent loss of hearing.

 

NO ENDORSEMENT

This Site may, from time to time, contain hyperlinks, advertisements, banners and /or other pointers to Internet websites operated by third parties (“Linked Websites”). The Linked Websites are produced and maintained by third parties and are not controlled or endorsed by Preneur Group Pty Ltd. As such, Preneur Group Pty Ltd does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any product or material of these Linked Websites. Preneur Group Pty Ltd does not accept any responsibility for the contents nor does it specifically endorse those content of the Linked Websites. Users and members link to any such Linked Website and use or rely on such website entirely at their own risk.

NO SPAM

Any publication of e-mail addresses on the Site is for the purpose of professional communication only. Our e-mail addresses must not be used to send unsolicited commercial electronic messages.

SEVERABILITY

If any part of these Terms of Use is deemed invalid, that part will be severed from this agreement and the remainder of these Terms of Use will continue to be valid and enforceable.

GOVERNING LAW

This agreement is governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the laws and courts of the State of Victoria, Australia.

TERMINATION

The Terms of Use are effective until terminated or amended by Preneur Group Pty Ltd. Preneur Group Pty Ltd may terminate this agreement and user and member access to this Site at any time without notice. In the event of termination, all restrictions imposed on users and members, licenses granted by users and members and all Preneur Group Pty Ltd disclaimers and limitations of liability set out in the Terms of Use will survive. In the case of members, the liability of Preneur Group Pty Ltd will be limited to a refund of any unused portion of any subscription fee paid.

MISCELLANEOUS

All rights not expressly granted herein are reserved.