These Terms & Conditions

1.     All goods and services supplied by Hear Me Out Audio (Us/We/Our) are supplied in accordance with these terms and conditions.

2.     By engaging Us to provide goods and/or services, you agree to be bound by these terms and conditions.

3.     These terms and conditions form part of any legally binding agreement between you and Us, unless we expressly advise you in writing to the contrary.

4.     These terms and conditions cannot be modified, whether orally or in writing.

5.     You may agree to further terms and conditions with Us in relation to the Our providing goods and/or services to you, which are not included herein, however any further terms and conditions must be in writing and agreed to by You and Us in writing (Further Terms). If any Further Terms are inconsistent with these terms and conditions, then these terms and conditions will prevail to the extent of any inconsistency.

Engagement

6.     If you hire goods from Us for use at a specific event (Event), the hire period commences three days before the Event and ends three days after the Event (Hire Period).

7.     If any goods you hire from Us contain an audio recording device, you acknowledge that the sound quality of any such goods is influenced by factors outside of our control including, but not limited to: acoustics of the surrounding environment and structures, people/instruments/and other devices containing speakers or a microphone sufficiently close to Our goods so as to effect the sound quality. Accordingly, you acknowledge that We cannot warrant that sound will be of an acceptable quality and you forfeit and abandon any right of action against Us in respect of sound quality to the extent allowed by the Australian Consumer Law.

8.     All goods and services We agree to provide you must be paid for in full before We provide them to you. You agree that if We provide goods and/or services to you without your paying for same, this does not constitute a waiver of Our entitlement to payment on the terms agreed between you and Us or at all.

9.     Subject to clause 25 herein, if you hire goods from Us for a specific event, We warrant that We will provide you with said goods prior to the commencement of that event.

Return of Goods

10.  You must return any goods you hire from Us to Us by the end of the Hire Period.

11.  If any goods you hire from Us are not returned to Us and received by Us by the end of the Hire Period, we reserve the right to charge you, and you agree to pay, a late return fee up to the cost of the hire of those goods from Us to you for the Hire Period.

12.  Our address for the return of said goods is Torquay, Victoria.

13.  Any goods you hire from Us must be returned to Us, and received by Us, in the same working and cosmetic condition as We provided them to you.

14.  It is your responsibility to ensure that any goods you hire from Us are returned to Us, and received by Us, in the same working and cosmetic condition as We provided them to you.

15.  If any goods you hire from Us are not returned to Us, and received by Us, in the same working and/or cosmetic condition as We provided them to you, you agree to indemnify Us for any loss incurred in repairing the goods or, if the goods cannot reasonably be repaired, replacing the goods. Such losses may include but are not limited to: the cost of repairs and or replacements, as may be the case, and financial loss incurred as a result of time reasonably spent by Us on having the goods repairs and/or replaced, as may be required.

Cancellation

16.  If We agree to provide you with goods and/or services for a specific event and you cancel some or all of the goods and/or services within 10 days of the Hire Period, you agree that you are not entitled to any refund from us in respect of those goods and/or services and you forfeit and abandon any right to any such refund.

17.  If We agree to provide you with goods and/or services for a specific event and you cancel some or all of the goods and/or services within 28 days of the Hire Period, you agree that you are only entitled to a refund of 50% of the sum agreed for the goods and/or services you cancelled and forfeit and you forfeit and abandon any right to any greater refund.

Privacy and Communication

18.  We collect and store personal and financial information about you in order to provide you with goods and/or services. We may provide that information to third parties in order to help Us deliver those goods and/or services, or as required by law. By providing your personal and financial information to Us, you agree to Our collection, storage and use of same as detailed or, or otherwise contemplated by, these terms and conditions.

19.  As part of providing you with goods and/or services, we may communicate with you by post and/or SMS and/or email and/or any other electronic means and you agree to such communication

20.  Unless otherwise agreed by Us in writing, any goods We provide are provided for non-commercial use. Further, you agree that goods We provide you will not be provided to any other third party for commercial use.

21.  We publish promotional and advertising material on various media platforms from time to time, including social media platforms. The promotional and advertising material that we publish, or cause to be published, may include audio recordings recorded by You (if you hire goods from us which contain an audio recording device) or any other third party who uses Our goods during the Hire Period which contain an audio recording device. By using such goods, you agree that We can publish, or cause to have published, any audio recording made by you and any third party during the Hire Period.

Intellectual Property

22.  If you hire goods from us which contain an audio recording device, you must not record, or allow or to be recorded, any content that includes third-party intellectual property, unless you have written permission from that party.

23.  We reserve the right to destroy any audio recording recorded on Our goods that contains third-party intellectual property if you do not have written permission from that party to use their intellectual property. In these cases, the amount owing by you to Us pursuant to any agreement between you and Us, and the terms for payment, are not affected in any way whatsoever.

24.  By using Our goods and services, you thereby assign to Us all rights, including, but not limited to, copyrights, patents, trade marks and designs, whether registered or not, created, used and/or developed during the course of using our goods and/or services solely or jointly with others.

Force Majeure

25.  Neither you nor Us shall be liable or responsible to the other, nor be deemed to have breached any agreement as between us, for any failure to perform, or delaying in performing, any term of any agreement between us (except for any obligation to make payment of monies due and owing) when that delay and/or failure is caused by or results from any act(s) beyond the impacting party’s reasonable control including, but not limited to:

25.1.  Acts of God;

25.2.  Flood/fire/earthquake;

25.3.  Earthquake;

25.4.  War;

25.5.  Action by any Government authority;

25.6.  Action by any statutory authority (including Australia Post);

25.7.  Action by any delivery service provider We use in providing you with goods;

25.8.  Shortage of power or transportation facilities;

25.9.  State or National emergency.

Severance

26.  If any provision of these terms and conditions and/or Further Terms is prohibited by law or adjudged by a Tribunal or a Court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed and rendered ineffective as far as possible without modifying the remaining terms and conditions and/or Further Terms and shall not in any way affect any other circumstances of or the validity or enforcement of same.

Enforcement and Applicable Law

27.  We reserve the right to take all necessary actions available to Us at law if any goods provided by Us to you are lost, damaged or stolen after We provide them to you and before you return them to Us. Similarly, We reserve the right to take all necessary actions available to Us at law if you do not pay Us to agreed sum(s) for those goods and/or services on the agreed terms. Such action may include, but is not limited to:

27.1.  Making a police report against you; and/or

27.2.  Charging your payment method on file; and/or

27.3.  Commencing recovery proceedings in a Tribunal or Court of competent jurisdiction.

28.  Any dispute in relation to any agreement, or any alleged agreement, between you and Us will be governed and constructed and interpreted in accordance with the laws of Victoria, Australia.

Limitation of Liability

29.  Nothing in these terms will, or is intended to, disclaim, exclude, prevent or limit the application of the Australian Consumer Law set out in schedule 2 to the Australian Competition and Consumer Act 2010 (Cth), including any applicable statutory consumer guarantees.

30.  We shall not be liable for delays, interruptions, service failures and/or issues and any other problems outside Our reasonable control.

31.  To the fullest extent permitted by law, including the Australian Consumer Law, you release Us from any action, proceeding, claim, demand and/or liability arising out of, or in any way related to, the use of Our goods and services.