Registration is a two step process:
Submitting a completed Practice Profile and making payment creates a contract between your practice and EARtrak Pty Ltd.
EARtrak will provide the following facilities and services:
The EARtrak name is protected by trademark.
EARtrak will defend its product and processes against wrongful usage.
Limitation of Liability
EARtrak will exercise due care and skill in providing the facilities and services described above.
To the extend that is permitted by law, you agree that EARtrak will not be held responsible for the consequences of the use of the EARtrak reports or processes by any party and that EARtrak shall not be liable for any special, indirect, consequential, incidental or punitive damages, nor for any economic loss, loss of profits, savings or goodwill suffered as a breach of this agreement by EARtrak.
In any event, your remedy is limited to a maximum of the aggregate of fees paid to EARtrak within a single 12 month period.
Certain legislation may imply warranties, terms or conditions which cannot be excluded, restricted or modified. If those statutory provisions apply, to the extent which EARtrak is entitled to do so, its liability will be limited, at EARtrak's option, to the supply of services again, or the cost of having those services performed again.
This agreement is covered by the laws of the State of Victoria, Australia, and you and EARtrak both submit to the exclusive jurisdiction of the courts of that State in connection with any disputes arising from this agreement.