Effective February 25, 2022

Hello, and thanks for visiting! HelloGO operates under the Sonova Group (that is, Sonova Holding AG) through hellogo.com.au (the “Site”), the HelloGO Hearing mobile app (the “App), and our network of Hearing Care Professionals. Our eCommerce is managed by Auriseo and Audilo.com.au, also part of the Sonova Group. We’ll go by “HelloGO”, “we”, or “us” to keep it simple. We know these documents can get pretty dense, but we want you to read this, so we’ll do our best to keep it easy to read.

Before using any of our Devices (as defined below in Section 2), their accessories or any other devices, products, accessories (collectively, the “Products”), or our services (collectively the “Services”), please read these Terms of Use (these “Terms”), our Privacy Policy, and any other policies and notices on the Site and on the App (collectively, the “Materials”).  The Materials contain terms, rules, and other guidelines governing your use of the Services. As a condition to your access to or use of the Services, you consent to be bound by the Materials, so please do not use the Services if you do not agree with all of the terms, rules, and guidelines of the Materials. Some parts of the Services may have other terms, guidelines, or rules which will also apply to your use of those parts. Your use of the Services, and our provision of the Services to you, constitutes an agreement between you and HelloGO to be bound by each of the terms, guidelines, and rules incorporated into these Terms. Because these Terms are legally binding, we want to make sure you understand them (like really understand them), so if you have any questions, contact us support@hellogo.com.au

1. We Reserve the Right to Update and Revise These Terms of Use at Any Time

Things happen quickly, both inside and outside of HelloGO, so we will sometimes review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time upon 7 days’ notice. We’ll provide notice by changing the “Effective Date” at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because 7 days after we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.

2. Eligibility

HelloGO Ready-To-Wear Hearing Devices (each a “Device”) are intended for adults 18 years of age or older, with mild-moderate hearing loss. The intended use of Devices is to amplify and transmit sound to the ears and hereby compensate for impaired hearing. The Devices must only be used by the intended person who meets the eligibility requirements herein. They should not be used by any other person as they could damage hearing.

The App is intended for adults 18 years of age or older, to set-up and/or adjust Devices through a mobile device(s). 

Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. However, we may refuse to let certain people access or use the Services by changing our eligibility criteria at our sole discretion at any time.

We offer the Services only for personal, non-commercial use, and not for the use or benefit of any third party.

3. Medical Disclaimer

The Services are not designed to provide professional diagnosis or treatment services to you or any other individual. Through the Services and links to other websites, HelloGO provides general healthcare information for educational and informative purposes only and is not a healthcare provider. The information provided on the Services, or through links to other websites, or by employees, agents or representatives of HelloGO on or off the Services, by chat, email, telephone, in person or through any other form of communication, is not a substitute for medical or professional care, and you should not use the information in place of a visit, call, consultation or the advice of your physician or other healthcare provider. More specifically, the Hearing Screener available on our Site is not a medical diagnosis of your hearing ability. HelloGO is not liable or responsible for any advice, course of treatment or diagnosis based on or resulting from the general healthcare information or any other information or Product you obtain through the Services. Further, we are not liable or responsible for any damages or losses you may incur resulting from any third-party websites linked to the Site. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL 000 OR YOUR PHYSICIAN. Never rely on information on the Services in place of seeking professional medical advice. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services. You should also ask your physician or other healthcare provider to assist you in interpreting any information on the Services, on the Site or on any linked web sites, or in applying the information to your individual case. Medical information changes constantly. Therefore, the information on the Services, on the Site or on any linked websites should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. HelloGO does not recommend or endorse any specific tests, physicians, Products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any information provided on the Services is solely at your own risk.

4. Privacy

Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect and use your information.

5. Your Account

You may be able to navigate some of the Services without creating a user account (”Account”); but certain Services (such as using the Device or App) will require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account or through your personal Device in connection with the Services. Similarly, for any Services that you are able to access without creating an Account, you are solely responsible for any activity that occurs through your personal Device in connection with the Services. In order for us to provide you the Services in their best possible form, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.

If you are given the option to create your Account or login using a third-party service (Facebook, Google or Apple), we will only access and use your information from that service as permitted by you and the connected service and as set out in our Privacy Policy.

You should not share your Account information. And you shouldn’t use another person’s Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without your permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.

6. 45-Day Free Trial and Warranty

In addition to the consumer guarantees provided for in the Australian Consumer Law, if you are not satisfied with your Device, you have the option of returning the Device within forty-five (45) days of your purchase date to the location you purchase from. The Device must be in its original condition, with the original package and accessories, and has not been damaged or modified (including repaired without our prior written consent) in any way, to be eligible for return. A credit will be issued to the same method of payment that was used at the time of purchase.  If the Device is returned damaged in any way or missing any accessories, you will not receive a refund. 

Except as provided for in the Australian Consumer Law, Devices come with a 1-year limited warranty valid starting from the purchase date. An additional year of warranty is provided when upgrading to the Pro Upgrade through a Hearing Care Professional. The additional year of warranty with the Pro Upgrade is valid from the date of upgrade.  The limited warranty covers defects in material and workmanship for Devices, which includes their external and internal components, charger, cord and plug within the limited warranty period. This warranty is guaranteed by HelloGO. For Devices we deem eligible for repairs, we pledge to secure functionality at least equivalent to the original Device. At the discretion of HelloGO, Devices may be replaced by new Products or Products manufactured from new or serviceable used parts or repaired using new or refurbished replacement parts. Exclusions from warranty repair coverage includes Devices purchased from unauthorized distributors, which are not covered by this or any other HelloGO warranty. Damage from improper handling or care, exposure to chemicals, immersion in water or undue stress is not covered by the limited warranty described in this section or any other HelloGO warranty. Damage caused by third parties or non-authorized service centers is excluded from this limited warranty. Multiple repairs are permitted within the relevant limited warranty period provided they are all covered by the terms herein. Our flat rate repair charge will be issued for any out of warranty repairs that are covered by warranty terms.

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 in 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.

7. Loss & Damage

Except as provided for in the Australian Consumer Law, HelloGO does not cover your loss or your damage of our Products within or outside of the limited warranty period.

8. Language

Presently, our Site only supports the English language.

9. Our Network of Hearing Care Professionals

We partner with a network of Hearing Care Professionals (each an “HCP”) throughout the country who are authorized to sell and support HelloGO Products and Services. The HCPs can also provide additional hearing care support (the “Additional Services”).  These Additional Services may be charged to you directly by the HCP and may vary by HCP. These Additional Services, including the Pro Service Package, are not refundable. You can locate an HCP in our network near you by using our Find a Professional locator tool on our website and searching by town, city, zip code or other relevant search criteria. By purchasing with an authorized HCP, you establish a customer relationship with that HCP and with HelloGO. We are not responsible for any acts or omissions of our HCPs or the Additional Services.

10. Communications

a. Marketing. By agreeing to these Terms, you consent to us using and disclosing your information for marketing purposes. We may contact you by email or other electronic means regarding, for example, hearing loss, setting up a hearing evaluation, and/or the possible sale of Products, hearing-related products and services. You may opt out of marketing communications at any time by updating your Account profile information on My Account on the Site. Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect and use your information.

b. Electronic notices. By using the Service or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. You agree to receive email and/or in App notification messages from us for customer service-related purposes. Email and in app messages to you will not be encrypted. We cannot guarantee the security of messages sent over public networks to you. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. You may opt out of in App notification messages by going to your Settings in the App and switching off notifications under My Account.

11. Intellectual Property

Imitation may be the sincerest form of flattery, but that doesn’t mean you can take any of our intellectual property. All of the content that appears on the Services, including all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the Site, Services, and other materials, are the exclusive property of HelloGO or our licensors and is protected by Australian and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Site, the App, and the Services (collectively the “Marks”) are proprietary to HelloGO, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

12. Right to Use the Services

After all of the restrictions above, we don’t want it to sound like you can’t even use the Services, so we’ll give you permission right here: subject to your complete and ongoing compliance with these Terms, you have the right to access and use the Services solely for your personal, non-commercial use. This right will allow you to use and enjoy the benefit of the Services as we provide them, in the manner we permit through these Terms. We don’t think you would need to do much else.

Subject to your complete and ongoing compliance with these Terms, you also have the right to use one copy of the App downloaded directly from HelloGO or from a legitimate marketplace (such as Apple’s iTunes store), solely in object code format, for your personal, non-commercial use on a single compatible mobile device that you own or control, for the purpose of accessing and using the Services in accordance with these Terms. The term App, as used in these Terms, includes any update or modification to the App that we make available to you (unless we provide you with separate terms when making the update or modification available). If you are prohibited under applicable law from using the App or the Services, you may not use them.

13. Restrictions on Your Use of the Services

Just so we’re clear, however, these rights do not allow you to do any of the following:

  • Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services.
  • Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third-party providers’ infrastructure.
  • Resell or make any commercial use of the Services or any of the Service content.
  • Modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Service content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser.
  • Copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including any Marks, in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise.
  • Use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any user of the Services.
  • Harvest or scrape any content from the Services, or using other automated or manual means to take our content without our prior consent.
  • Bypass, circumvent, or attempt to bypass or circumvent any feature of the Services or any measures we may use to prevent or restrict access to the Services, including other accounts, computer systems or networks connected to the Services.
  • Run any form of auto-responder or “spam” on the Services.
  • Otherwise take any action in violation of these Terms or our Privacy Policy or any of our Materials.

14. Content

a. User Content. We want to hear from you. Occasionally, you may see areas on the Services where you can post information or communicate with us or other users. We hope you will use these tools to meet the rest of our community and give us your feedback. These areas may be in the form of social media posts, review submissions, chat rooms, forums, newsgroups, postings sections or similar communications facilities. “User Content” is any public communications or any other material you submit, distribute, transmit, or post to HelloGO (through the Services; through our pages on third-party sites, such as Instagram and Facebook). You will keep all ownership of and license rights in your User Content although, by providing content to us, you may grant us a license to use it, as we’ll discuss here. When you submit, distribute, transmit, or post User Content, you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for HelloGO to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing Products. In addition to giving HelloGO a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account. The bottom line is that if you share something with us, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content as we see fit. If you don’t agree to these conditions, then please don’t provide the materials to us.

b. Representations About Your User Content. When you submit User Content, you represent and warrant that:

  • you hold all necessary right, title, and license to such materials (in other words, you own it or have the right to give it to us).
  • your submission of such materials to HelloGO does not and, when used by HelloGO as authorized under these Terms, will not violate or infringe the rights of any third-parties, including any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (you didn’t take it from someone else without permission).
  • all User Content you provide is accurate, complete, up-to-date, and not misleading (you’re not lying).

In addition, any User Content must not:

  • include any profanity or obscene, indecent, or pornographic material.
  • contain any unauthorized or unsolicited advertising, such as spam (no one likes spam).
  • contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party.
  • impersonate any person or entity (we like you just the way you are!).
  • include anyone’s identification documents or sensitive financial information.

c. Private vs. Non-private Content. We take your privacy very seriously and are committed to keeping your private information, well, private. However, we also include certain features to open channels of communication, either among our users or between our users and us, and those features wouldn’t work if all your communication were completely private. Therefore, we don’t treat as private or confidential any User Content that you provide to those features of the Services. When in doubt, it is best to take a look at our Privacy Policy which details the types of information we treat as confidential or private. If you post something publicly on the Products or Services, others may be able to read it. You should always use caution when providing any personal information about yourself or anyone else, including your children.

d. A Note About Third-Party Content and User Content. You may see a lot of content on the Services. Some of this content will come from other users or sources outside of HelloGO. All content, including User Content and third-party content, is the responsibility of the party that creates it. HelloGO does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties. If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk. Disrupting traditional models in the hearing care solutions industry keeps us pretty busy, but we still try to stay on top of things happening around the Services. We may review content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you. We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services. HelloGO will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether HelloGO or another party provides it.

15. Copyright Policy

Just as we ask you to respect our intellectual property rights, we respect your rights and the rights of others, and we expect all our users to do the same. If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights.

If you believe someone has posted on the Services a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following information to our Designated Agent (whose contact information is below):

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
  • identification of works or materials being infringed.
  • identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence.
  • your contact information, including address, telephone number and, if available, e-mail address.
  • a statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law.
  • a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.

Please contact the Designated Agent to receive notice of claimed infringement by emailing copyright@hellogo.com.au 

(Apologies in advance for the below. All-caps doesn’t mean we’re yelling – our Lawyers made us do it).

16. DISCLAIMER OF WARRANTIES

SUBJECT TO THE CONSUMER GUARANTEES PROVIDED FOR IN THE AUSTRALIAN CONSUMER LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY THE RELEASED PARTIES OR OTHER PERSONS ON OR THROUGH THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) WE MAKE NO WARRANTY THAT: (i) THE SERVICE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. TO THE EXTENT WE MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM AN IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

17. LIMITATION OF LIABILITY

SUBJECT TO THE AUSTRALIAN CONSUMER LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE ARE NOT AND WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO, CORRUPTION OF, INTERFERENCE WITH, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE OR THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE CONSUMER GUARANTEES PROVIDED PURSUANT TO THE AUSTRALIAN CONSUMER LAW, OUR AGGREGATE MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THIS AGREEMENT, OR YOUR USE OF OUR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100. TO THE EXTENT THE FOREGOING EXCLUSION OF LIABILITY IS NOT PERMITTED UNDER APPLICABLE LAW, OUR LIABILITY IN SUCH CASE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH LAW.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THE CONSUMER GUARANTEES PROVIDED BY THE AUSTRALIAN CONSUMER LAW DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN SCENARIOS. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

18. Indemnification

You are responsible for your use of the Service, and you will defend and indemnify us and our officers, directors, employees, consultants, affiliates, subsidiaries, licensors, partners, and agents  from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs (“Claims”) brought by a third party arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those Claims.

19. Termination

We really hope we won’t ever have to do this, but we reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.

20. Governing Law

These Terms are governed by the laws of New South Wales without regard to conflict of law principles. You and HelloGO submit to the exclusive jurisdiction of the courts of New South Wales and courts competent to hear appeals from those courts. We operate the Service from our offices in Norwest, New South Wales, and we make no representation that materials included in the Service are appropriate or available for use in other locations.

Notice; Process. A party who intends to commence proceedings must first send a written notice of the dispute to the other party by registered mail or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). HelloGO's address for Notice is: Sonova Australia, 12 Inglewood Place, Norwest NSW 2153. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or HelloGO may commence proceedings.

21. Severability

If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms. NOTHING IN THESE TERMS WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

22. Consent to Electronic Communications

By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

23. Notice Regarding Apps from the Apple App Store

The following applies to any Apps you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and us, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the Apple App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to us as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, We, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

24. Notice Regarding Apps from the Google Play Store

The following applies to any Apps you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and us only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) we, and not Google, are solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to our Google-Sourced Software.

25. Entire Agreement

These Terms constitute the entire agreement between you and HelloGO and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to these Services. Any rights not expressly granted herein are reserved.

You did it; you made it to the end! We know it wasn’t easy (or especially interesting). Thank you for reading.