TERMS & CONDITIONS

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SECTION 1 – GENERAL

By visiting our website, placing an order or using any of our services, you agree to be bound by these Terms & Conditions (“Terms”). These Terms apply to all users of the website, including customers and browsers. If you do not agree to these Terms, you should not use the website or place an order.

We reserve the right to update or amend these Terms at any time. Continued use of the website constitutes acceptance of any changes.

SECTION 2 – ABOUT CLEAR HEARING

Clear Hearing is a consumer brand focused on improving access to hearing aids for people with mild to moderate hearing loss. We provide product information, guidance, onboarding materials and customer support to help customers make informed decisions and use their hearing aids effectively.

SECTION 3 – ELIGIBILITY & USE OF THE WEBSITE

By using this website, you confirm that you are at least 18 years old and legally capable of entering into a binding agreement. You agree not to use the website or our services for any unlawful or unauthorized purpose.

SECTION 4 – PRODUCT INFORMATION & MEDICAL DISCLAIMER

Clear Hearing does not provide medical, audiological or healthcare services. Our hearing aids are self-fitting hearing devices included in the Australian Register of Therapeutic Goods (ARTG) and intended for adults aged 18 and older with perceived mild to moderate hearing loss, as described on the relevant product pages. They are not intended to diagnose, treat or manage medical conditions. Customers are encouraged to seek independent professional advice where appropriate.

SECTION 5 – ORDERS & ACCEPTANCE

All orders placed through the website are subject to acceptance and availability. We reserve the right to refuse, limit or cancel any order at our discretion, including where we suspect misuse, resale activity or inaccurate information.

SECTION 6 – PRICING & PROMOTIONS

Prices are displayed on the website in Australian Dollars (AUD) and may change from time to time. From time to time, promotional offers or discounts may apply. These are commercial incentives and do not affect the underlying nature of the product or the customer agreement.

SECTION 7 – PAYMENT

Payment is processed securely at checkout using third-party payment providers. Clear Hearing may facilitate payment processing and order administration in connection with products supplied by its manufacturing partners.

SECTION 8 – SHIPPING & DELIVERY

Products are shipped directly to customers within Australia using tracked delivery services. Delivery timeframes provided on the website (typically 4–7 business days) are estimates only and not guaranteed. Clear Hearing is not responsible for delays caused by carriers or circumstances beyond its reasonable control.

SECTION 9 – RETURNS & REFUND POLICY

Your rights under the Australian Consumer Law: Nothing in this section limits or excludes any rights you have under the Australian Consumer Law. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified within a reasonable time; if this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service. The Better Hearing Guarantee described below is offered in addition to, and does not replace or limit, these statutory rights.

9.1 Clear Hearing’s Voluntary 45-Day Better Hearing Guarantee

Clear Hearing offers a voluntary 45-Day Better Hearing Guarantee for eligible purchases, in addition to your rights under the Australian Consumer Law.

This is a commercial guarantee and not a “no-questions-asked” refund. It is subject to reasonable conditions, including:

• The product must be trialled in good faith, including correct fitting, ear tip selection, proper mode usage and an appropriate adaptation period, in line with the user guide and support materials.

• The hearing aid is intended for perceived mild to moderate hearing loss in adults aged 18 and older, as clearly stated in the product listings. Use outside this scope (such as severe hearing loss or unrelated medical conditions) is not covered.

• Customers must engage with our support team during the 45-day period if difficulties arise, to allow troubleshooting and assistance.

• Any approved return must include all original components, accessories and packaging in re-sellable condition, unless otherwise agreed.

This guarantee is designed for customers with mild to moderate hearing loss who experience the product as intended.

9.2 Refund Amounts, Deductions and Costs

If a return is approved under the Better Hearing Guarantee, refunds may be partial or full depending on usage, condition and resale potential. This clause applies to change-of-mind style returns under the Better Hearing Guarantee and does not apply where you are exercising your rights under the Australian Consumer Law for a faulty or non-compliant product.

The following may apply:

• Reasonable restocking or cleaning fees, in line with hygiene handling protocols.

• Return shipping costs, which are generally the customer’s responsibility unless explicitly waived as a goodwill gesture.

• Non-refundable shipping or handling charges, where applicable.

9.3 Product Suitability Declaration

By placing an order, customers confirm that they are adults aged 18 or older with perceived mild to moderate hearing loss suitable for the products offered.

Use outside the intended scope may void the voluntary Better Hearing Guarantee. It does not affect your rights under the Australian Consumer Law. We recommend professional consultation before purchase where appropriate.

9.4 Grounds for Refusing a Return Under the Better Hearing Guarantee

Clear Hearing reserves the right to refuse a return or refund under the voluntary Better Hearing Guarantee in cases including, but not limited to:

• No fault is found and the product has been used contrary to the guidance or outside its intended use.

• The product is returned late, without prior agreement, or in damaged, incomplete or unsanitary condition.

• The customer does not engage with our care team or refuses reasonable troubleshooting steps.

• A return is requested solely due to preference (for example cosmetic or handling preference) after the product has been used.

These grounds do not apply to, and do not limit, any claim you make under the Australian Consumer Law for a faulty or non-compliant product. We aim to treat all refund requests fairly, respectfully and consistently, while applying policies equally across customers.

9.5 Goodwill Exceptions

In some cases, Clear Hearing may, at its sole discretion, offer goodwill-based partial refunds even where policy criteria are not met.

Such gestures are handled on a case-by-case basis and do not establish precedent.

9.6 How to Initiate a Return

To request a return, customers should contact our Customer Care team at support@myclearhearing.com, including their order number and a brief explanation.

We aim to respond within five business days of receiving a complete return request.

9.7 Cancellation After Dispatch and Refused Deliveries

Delivery timeframes (typically 4–7 business days) are estimates only and not guaranteed.

All orders include complimentary tracked shipping (indicative value $25 AUD — to be confirmed against actual courier cost).

If you cancel after dispatch or refuse delivery:

• Tracked shipping (non-refundable): $25 AUD

• Carrier return charges (if refused or redirected): $25 AUD

• Warehouse reprocessing: $20 AUD

• Total potential deduction: $70 AUD

If you cancel after accepting delivery:

• Tracked shipping (non-refundable): $25 AUD

• Return shipping at your own cost (typically $15–$30 AUD)

• Warehouse reprocessing upon receipt: $20 AUD

• Total potential deduction: $45 AUD (plus your return costs)

These deductions apply to change-of-mind cancellations and do not apply where the product is faulty or not as described, in which case your rights under the Australian Consumer Law apply in full.

SECTION 10 – REPLACEMENTS & SUPPORT

If a product issue arises, Clear Hearing may arrange a replacement or alternative solution as part of its customer support process. Any replacement supplied is intended to resolve the original purchase and does not constitute a new or separate purchase.

SECTION 11 – CHARGEBACKS, FRAUD & ABUSE

Clear Hearing reserves the right to dispute chargebacks or refund claims that are inconsistent with order records, delivery confirmation or customer communications. In cases of suspected fraud or abuse, Clear Hearing may restrict accounts, refuse service or report incidents to relevant parties.

SECTION 12 – HOW CLEAR HEARING OPERATES

Clear Hearing works with specialized manufacturing and fulfillment partners to make hearing aids available directly to customers. Orders placed through this website are fulfilled by these partners, who manufacture and ship the products directly to customers. Clear Hearing’s role is to operate the platform, manage the customer experience, provide guidance and onboarding, and coordinate order processing and after-sales support.

SECTION 13 – CONTRACTUAL FRAMEWORK

Orders placed through this website relate to products supplied by Clear Hearing’s manufacturing partners. The purchase arrangement involves Clear Hearing facilitating the order and customer support process, while products are supplied and dispatched by the relevant partner. Ownership of the products passes to the customer upon delivery.

SECTION 14 – DISPUTE RESOLUTION & ARBITRATION

Agreement to Arbitrate: Any dispute, claim or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation or validity thereof, may be submitted to binding arbitration administered by the Resolution Institute (or another mutually agreed arbitral body) under its applicable rules, where you and we agree in writing to do so after the dispute has arisen. Nothing in these Terms requires you to arbitrate, and acceptance of these Terms does not waive your right to bring a claim in court or to exercise any right you have under the Australian Consumer Law.

Class Action Waiver: Where you and we have agreed in writing to arbitrate a dispute, that arbitration shall be conducted on an individual basis. Nothing in these Terms limits any right you may have to commence or participate in a class, consolidated or representative proceeding where that right cannot be waived under applicable law.

Any arbitration shall take place in [STATE/TERRITORY], Australia, or at another location agreed between the parties, and may be conducted by written submissions or electronic hearing where practical. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction in Australia.

Small Claims Exception: Notwithstanding the above, either party may bring an individual claim in the relevant small claims division of a Local, Magistrates’ or District Court, or an equivalent civil and administrative tribunal (such as VCAT, NCAT, QCAT, SAT, ACAT or NTCAT), in the State or Territory in which you reside, for disputes within that court’s or tribunal’s monetary jurisdictional limit.

SECTION 15 – LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Clear Hearing shall not be liable for indirect, incidental, special, consequential or punitive damages arising from use of the website or products. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or other applicable legislation that cannot lawfully be excluded, restricted or modified, and nothing in these Terms limits liability where such limitation is not permitted under applicable law.

SECTION 16 – INDEMNITY

To the extent permitted by law, you agree to indemnify Clear Hearing against losses arising from your breach of these Terms or misuse of the website.

SECTION 17 – TERMINATION

We may suspend or terminate access to the website or services if these Terms are breached.

SECTION 18 – ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Clear Hearing regarding use of the website and services.

SECTION 19 – GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of [STATE/TERRITORY] and the Commonwealth of Australia applicable in that State or Territory, without regard to conflict of laws principles.

Your Consumer Rights: You may have additional rights under fair trading legislation in your State or Territory of residence. Nothing in these Terms is intended to limit any consumer protection rights that cannot be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.

SECTION 20 – CONTACT

Questions regarding these Terms can be sent to support@myclearhearing.com.