Access to and use of the Tinnitus Tunes Website (www.tinnitustunes.com ) is provided subject to these terms and conditions. PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. Tinnitus Tunes Limited may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review this agreement periodically, and your continued use of this Website shall be deemed your acceptance of the modified agreement.
You must provide true, current and complete information as part of our community of users and members, including when setting up a membership account, and must update that information as required if your circumstances change. You must keep your membership log on details secure and not permit any other unauthorised person to use your membership log on details.
The information contained in or made available through the Tinnitus Tunes Website is not intended to replace the services of a trained health professional or to be a substitute for medical advice of physicians. The user should consult a physician in all matters relating to his or her health, and particularly in respect to any symptoms that may require diagnosis or medical attention. All health and health-related information contained within this Website is intended to be general in nature and should not be used as a substitute for a visit with a health care professional. Your health care provider should be consulted in regard to matters concerning the medical condition, treatment and needs of you and your family. Tinnitus Tunes Limited makes no representations or warranties with respect to any information offered or provided within or through the Tinnitus Tunes Website regarding treatment, action, or application of medication. Neither Tinnitus Tunes Limited nor any of its Affiliates will be liable for any direct, indirect, consequential, special, exemplary, or other damages arising there from.
Tinnitus Tunes does not accept any paid advertising from any other third parties and does not receive any payment for endorsements of products or services. Where Tinnitus Tunes suggests a local clinician or "tinnitus specialist” Tinnitus Tunes Limited has not inspected, tested or used the services of those “tinnitus specialists or clinicians” and does not warrant, guarantee or take responsibility for the quality of care or service provided by those individuals or organisations.
The sites linked from the Tinnitus Tunes Website are not under the control of Tinnitus Tunes, and therefore Tinnitus Tunes does not assume any responsibility or liability for any communications or materials available at such linked sites.
To encourage researchers and clinicians to be part of an on-line professional community we share and publish information on research studies or clinical trials that are under way and connected with tinnitus. Users of the Tinnitus Tunes Website are under no obligation or pressure to participate in the research studies or clinical trials and if users of the Tinnitus Tunes website decide to participate in any advertised research studies or clinical trials they take full responsibility for any consequences. Tinnitus Tunes does not assess the safety of any listed research studies or clinical trials and is not liable or accountable for any outcomes.
All health and health-related information contained within this Website is intended to be general in nature and should not be used as a substitute for a visit with a health care professional. Your health care provider should be consulted in regard to matters concerning the medical condition, treatment and needs of you and your family. Tinnitus Tunes Limited makes no representations or warranties with respect to any information offered or provided within or through the Tinnitus Tunes Website regarding treatment, action, or application of medication. Neither Tinnitus Tunes Limited nor any of its Affiliates will be liable for any direct, indirect, consequential, special, exemplary, or other damages arising there from.
Because some of the content provided through the Tinnitus Tunes Website requires the use of headphones, speakers or similar devices Tinnitus Tunes may recommend the use of certain devices or products. However, Tinnitus Tunes cannot control the manufacturing quality control procedures of external manufacturing companies or the shipping processes used by Amazon. Tinnitus Tunes therefore is not liable for any damage, financial loss or injury caused by use of any products listed on the Tinnitus Tunes Website or included in our email newsletters or blog.
As part of Tinnitus Tunes ongoing commitment to provide effective information content and treatment for tinnitus, we offer a money-back guarantee. While clinical and research evidence demonstrates that the treatment approach promoted by Tinnitus Tunes is scientifically sound, not all users may experience a benefit. If, for any reason, you are not satisfied with your purchase within 3 months, you will on request, receive a full refund.
Tinnitus Tunes (and our licensors) own all proprietary and intellectual property rights in the Tinnitus Tunes Website including all information, data, text, graphics, artwork, photographs, logos, sound recordings, videos and look & feel of the user interface. Where material has been contributed by fellow researchers, academics, clinicians and members of the public this will be acknowledged.
The User of the Tinnitus Tunes Website expressly agrees that the use of, and browsing of the Website is at the User’s own risk. Neither Tinnitus Tunes nor any other party involved in creating, producing or delivering the Website , including SubHub Limited, is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of the User’s access to, or use of, or inability to use the Website or any linked site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Website or resulting from any unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if Tinnitus Tunes has been advised of the possibility of such damages. The User expressly agrees that the downloading of any material from the Website is at the User’s own risk. Neither Tinnitus Tunes nor any other party involved in creating, producing or delivering the Website, including SubHub Limited, is liable for any direct, incidental, special, consequential, indirect or punitive damages resulting from the User downloading material from the Website or any linked site, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if Tinnitus Tunes has been advised of the possibility of such damages. Without limiting the foregoing, everything on the Website is provided to the User “as is” and “as available” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to every User. The User must check their local laws for any restrictions or limitations regarding the exclusion of implied warranties. While Tinnitus Tunes will use reasonable efforts to include accurate and up to date information on the Website, Tinnitus Tunes makes no warranties or representations as to its accuracy or completeness. Tinnitus Tunes is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that the information does not constitute any form of advice, recommendation or arrangement by Tinnitus Tunes or its affiliates or any other party involved in the Website and is not intended to be relied upon by Users in making (or refraining from making) any decisions based on such information. The User must make their own decisions on whether or not to rely on any information posted on the Website. Tinnitus Tunes reserves the right to modify information displayed on this Website but it does not make any commitment to update the information displayed on this Website. No party who is involved in the workings of the Website, including SubHub Limited, will at any time be liable or responsible in any way for the content, including Paid-for Content, and information provided on or via the Website and for the User’s use of the Website. From time to time, Tinnitus Tunes will make available to the User links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by Tinnitus Tunes and the User agrees that Tinnitus Tunes shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that the User may have, or the consequences of such dealings, with such third party site operators. Any arrangements made between the User and any third party named on the Tinnitus Tunes website are at the User’s sole risk and responsibility and Tinnitus Tunes expressly disclaims any liability for third party information or opinions posted on this Website or any linked Sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law.
The User agrees to indemnify, keep indemnified, defend and hold Tinnitus Tunes and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors, including SubHub Limited, (collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from the User’s use of, connection with or conduct on the Website or any breach by the User of these terms. Tinnitus Tunes or SubHub Limited reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to co-operate with the defense of such claim.
In the event that Tinnitus Tunes or SubHub Limited considers or determines, in their complete discretion, that the User has breached, violated or contravened the Agreement or has otherwise demonstrated inappropriate conduct in the use of the Website or the content or services they reserve the absolute right to: (a) warn the User that they have violated the Agreement and ask the User to discontinue such conduct; (b) discontinue the User’s membership of the Website and/or any other related services, including Paid-for Content; and (c) take measures (including terminating, suspending or restricting the User’s use of the Website) to prevent the User from using the Website or linking to the Website.
This Agreement supersedes all prior agreements, arrangements and undertakings and constitutes the entire agreement relating to the subject matter of this Agreement. The User confirms that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
Governing law and jurisdiction: This Agreement will be governed by New Zealand law, and the Website Users agree to the exclusive jurisdiction of the New Zealand courts. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993, or any other consumer protection law that cannot be exclude. To the extent that our liability cannot be exclude, but can be limited, our liability is limited to 4 times your annual membership fee.