Please read the terms carefully before using the Site. Use of this website indicates acceptance of these “Terms of Use” and forms a binding agreement between Users and Ears Made Easy. If you do not agree to these terms, do not use this Site. If you have queries or questions please use the Contact Us form on the website.
Ears Made Easy ('Us', 'We', 'Our') maintains this website, any courses offered and other linked and related sites (the 'Site') for the use of its customers, vendors, students, and other Site users ('Users') upon agreement to the following terms.
USE OF SITE
Ears Made Easy provides various materials, information, quizzes, tests, questions, articles, news and other information on this and related sites and in courses offered through this site (the “Materials”).
Ears Made Easy authorizes each User to view and temporarily download one copy of the Materials for personal, non-commercial transitory viewing only. A maximum of one copy of the Materials may be printed provided that Users make no modifications to the Materials and you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials.
Users may not modify the Materials in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not archive, display, publish, create adaptions or derive works from, offer for sale or use any of the EME Site content.
Any breach of these Terms of Use automatically terminates your authorized use of the Site, and we may take legal action against you.
INTELLECTUAL PROPERTY
Our IP: means intellectual property owned or licensed by Us relating to our Site, products, services, including the text, graphics, logos, icons, the software and any other material underlying or forming part of this Website or Our Products or Services and includes any rights to that intellectual, including any copyright, trade or service mark, trade or business name, logos and any other distinctive brand features, design, patent, computer code (including source, library, object and executable code) inventions and logical sequences, in all cases whether registered or unregistered and anywhere in the world.
Users agree and acknowledge that:
EME retains all rights and title to and interest in Our IP. Users agree not to attack, dispute or contest the validity, or the ownership of Our IP. Users agree that no IP ownership rights are vested or created by the limited rights of use granted to use our Site. Users agree that all use of Our IP under these terms continues for the benefit of Ears Made Easy.
LINKED SITES
Links to external websites are provided solely as a convenience to you. Ears Made Easy has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.
NO WARRANTY/DISCLAIMER
Users agree to use the EME Site at their own sole risk.
The Materials provided are 'as is' and 'with all faults' without any warranties of any kind; including fitness for a particular purpose, non-infringement of intellectual property, error-free accuracy and completeness.
We may make changes to the Materials available at this Site, any time without notice. The Materials at this Site may be out of date, and Ears Made Easy makes no commitment to update the Materials at this Site.
To the maximum extent permitted by law, We expressly disclaim and exclude all representations, warranties, conditions and guarantees, including (without limitation) in respect of quality, merchantability, fitness for purpose, condition, description, manufacture, design or performance whether express, implied by common law, law merchant, trade usage, custom or otherwise or statutory in relation to the Site.
INDEMNITY
Users agree to indemnify us against all liabilities, costs (including full costs between solicitor and client), losses, claims, expenses and demands incurred by us which arise from or in connection with your access or use of the EME Site, including but not limited to any breach by Users of warranties under these Terms, and from any third party claims arising out of or incidental to Users use of the EME Site
LIMITATION OF LIABILITY
Despite anything else contained in these Terms, and liability to Users by Us in respect of anything arising from or concerning these Terms or the Site or any of the Products or Services, whether arising in tort (including negligence), contract, breach of statutory duty, equity or otherwise arising from any relationship with Users is excluded to the fullest extent of the law.
To the extent that Our liability cannot be excluded by law, or to the extent that the exclusion of Our liability would render these Terms unenforceable, Users agree that the maximum amount that Users will claim against Us (in total) and the maximum amount that We (in total) are liable for is one New Zealand dollar or the next largest amount that would be needed to render these Terms (including these exclusion and limitation provisions) enforceable for Our benefit.
Despite anything else contained in these Terms, Users agree that We are not liable to Users (or to anyone else) for any failure or delay in the performance of Our obligations under these Terms to the extent that the failure or delay is caused, directly or indirectly, by an event outside Our reasonable control.
GENERAL PROVISIONS
Severability: if any part or provision of these Terms are held to be invalid, illegal or unenforceable that part or provision will be deemed deleted from these Terms and the remainder of these Terms will continue to apply
Relationship: these Terms do not create any relationship of partnership, agency, employment or joint venture between Users and Us.
New Zealand Law: These Terms shall be interpreted in accordance with, and governed by, the laws of New Zealand. Users of this Site and the supply of any Products or Services to Users by Us and any matter arising from these Terms are subject to the laws of New Zealand. Users agree that any dispute arising from or relating to these Terms is governed by non-exclusive jurisdiction of the courts of New Zealand.
EFFECTIVE DATES & UPDATES
The Terms are effective as of 1st March 2023 and are subject to change without notice by Ears Made Easy at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.