Terms and conditions of Free Trial Offer
(1.a) Sonova Australia Pty Ltd (ABN 63 003 037 947) trading as Phonak Australia of 12 Inglewood Place Baulkham Hills NSW 2153 (Phonak or us) is conducting the Free Trial Offer in association with selected audiology clinics (Participating Clinics). To participate and receive a free hearing assessment and product trial, you must be Eligible, register on this website and agree to comply with the terms and conditions contained within this agreement.
(1.b) By registering, providing your personal information into the website form, you agree to these terms and conditions. These terms and conditions apply to the person named in the website form (the Customer or you) and Phonak.
(2.a) To be Eligible, you must be an Australian resident aged 26 years or older on the date you register on the website. To be Eligible for a free product trial, you must be assessed for clinical suitability by a registered audiologist at a Participating Clinic.
1.3 Hearing assessment
(3.a) Participating Clinics are each selected by us and have an arrangement with us to provide the Customer with a free hearing assessment. We will make every effort to direct you to a Participating Clinic as close to your home address (provided by you) as possible, however, we make no representation or warranty that the Participating Clinic chosen by us will be suitable to you. The Customer is required at your expense to travel to the Participating Clinic as chosen by us.
(3.b) The free hearing assessment to be offered by Participating Clinics is a health service and is subject to the Customer’s agreement with all terms and conditions of services of the Participating Clinic. Phonak has no obligation or liability to the Customer should the Customer not accept the terms of service with the chosen Participating Clinic.
(3.c) The free trial of Phonak products is subject to clinical hearing assessment. Phonak will not under any circumstances provide to the Customer a free product trial without clinical assessment from a Participating Clinic. The free trial is only for select Phonak products, subject to assessment for product suitability and subject to product availability.
(4.a) By providing us your personal information you agree that we may use the personal information provided by you and disclose the information to the Participating Clinics for the purpose of the hearing assessment and product trial and to provide our products, services and support services to you. Phonak may also use the information: to provide information about our products and services and provide customer care, including assisting with enquiries; to assist with clinical enquiries from suppliers and service providers concerning our products, uses and criteria for suitability; analysis to help us better understand the needs of our customers so that we and third parties can better develop products and services for you; perform other functions and activities relating to our business; and as authorised or required by law.
(4.b) You agree that we may disclose your personal information to persons or organisations in Australia, including to Participating Clinics, health service providers and our agents and service providers, including technology providers. You agree that we may share your personal information, including health information within the Sonova Group of companies, including to our ultimate holding company Sonova Holding AG (a Swiss Company), to enable us to provide you integrated and personalised services, deal with complaints, facilitate effective reporting or operational matters and share services as IT and infrastructure.
1.5 Products and liability
(5.a) The supply to you of Phonak products is at all times subject to our usual terms of supply together with the terms of supply as agreed to between you and the Participating Clinic. The ongoing use or further supply of Phonak products after the free trial will be subject to the terms and conditions of trade as between you and any Participating Clinic.
(5.b) To the extent permitted by law Phonak shall have no liability to you arising from your participation in this promotion, these terms and conditions, the provision of services from a Participating Clinic or the supply to you or use by you of Phonak products including any damage, injury to person or property, loss of profits, loss of use, indirect or consequential damages, whether based in contract, tort, negligence or any other action arising in connection with this agreement.
(5.c) This agreement is governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the Courts of New South Wales.
While the hearing aid trial remains free of charge through this promotional offer, hearing care providers may charge for additional services based on a clients’ individual requirements, and travel to rural locations.