Terms and Conditions

Terms of Use

ANY PERSON OR ENTITY (“User”) ACCESSING THE SOUNDTHERAPY.COM.AU WEB SITE (the “Site” or “Service”) OR ANY OF THE INFORMATION CONTAINED HEREIN AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS SOUNDTHERAPY.COM.AU WEB SITE TERMS OF USE (“Agreement”):

This Agreement is a legal agreement between the User and SOUND THERAPY INTERNATIONAL Proprietary Limited for SOUNDTHERAPY.COM.AU products and support programs purchased from the website.

By using the products and support program services, you agree to be bound by the terms of this Customer Agreement. If you do not agree to the terms of this Customer Agreement, you are not authorized to use the Sound Therapy Listening program or related support services.

1. PAYMENT

You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that SOUNDTHERAPY.COM.AU may change its minimum pricing at any time. User must supply SOUNDTHERAPY.COM.AU with correct credit card information, and any changes in credit card validity or expiration date must be updated. If a payment plan has been elected SOUNDTHERAPY.COM.AU will automatically charge the User’s account every thirty (30) days as indicated in the checkout. If the credit card cannot be processed for any reason, SOUNDTHERAPY.COM.AU reserves the right to cancel any support service and employ take appropriate action to recover any outstanding amount. You will liable for any reasonable costs of recovery for these overdue debts in addition to the balance owing.

2. MODIFICATIONS TO SERVICE

SOUNDTHERAPY.COM.AUreserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, support services (or any part thereof) with or without notice. You agree that SOUNDTHERAPY.COM.AU shall not be liable to you or to any third party for any modification, suspension or discontinuance of our products or services.

You acknowledge that SOUNDTHERAPY.COM.AU reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that SOUNDTHERAPY.COM.AU reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

3. COPYRIGHTS

The Sound Therapy International Listening programs are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

All title and copyrights in and to the program are owned by SOUND THERAPY INTERNATIONAL Pty Ltd. All title and intellectual property rights in and to the content which may be accessed through use of the site are property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.

4. LINKS TO THIRD PARTIES

SOUNDTHERAPY.COM.AU makes no claims or representations about any Web Site not under Sound Therapy International’s control that a User may access from SOUNDTHERAPY.COM.AU’s web site– by link, frame, or any other means (“Linked Site”). Any link, frame, or any other means to access any Linked Site provided by SOUNDTHERAPY.COM.AU  or otherwise on SOUNDTHERAPY.COM.AUs web site does not constitute SOUNDTHERAPY.COM.AU’s endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.

5. LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SOUNDTHERAPY.COM.AU SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SOUNDTHERAPY.COM.AU SITES/SERVICES AND TO THE INFORMATION THEREIN. SOUNDTHERAPY.COM.AU AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN SOUNDTHERAPY.COM.AU SITES/SERVICES AT ANY TIME.
SOUNDTHERAPY.COM.AU CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SSOUNDTHERAPY.COM.AU SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SOUNDTHERAPY.COM.AU AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT SOUNDTHERAPY.COM.AU SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A SOUNDTHERAPY.COM.AU SITE/SERVICE. YOU SPECIFICALLY AGREE THAT SOUNDTHERAPY.COM.AU IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT SOUNDTHERAPY.COM.AU IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A SOUNDTHERAPY.COM.AU SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL SOUNDTHERAPY.COM.AU AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SOUNDTHERAPY.COM.AU SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE SOUNDTHERAPY.COM.AU SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SOUNDTHERAPY.COM.AU SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SOUNDTHERAPY.COM.AU SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SOUNDTHERAPY.COM.AU OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOUNDTHERAPY.COM.AU SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOUNDTHERAPY.COM.AU SITES/SERVICES.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Sound Therapy International Pty Ltd.

Referral Partner Terms

Our Referral Partner Network

To participate as an Referral Partner, you are required to complete an Referral Partner application located at www.SoundTherapy.com.au/aff.html The application will be evaluated, and we will notify you in a reasonable time whether your application has been accepted. At our discretion, we may decide for any reason that your site cannot participate in our network. If you are an Australian resident, we will require that you provide us with your direct deposit and GST registration information, if you are registered for GST for commission payments. We do not require this information for international Referral Partners.

How it Works

We provide our Referral Partners with a unique tracking code. This code must be is placed within links / images and when clicked on will direct visitors to SoundTherapy.com.au or one of our other websites. If the visitor places an order in the following 150 days from the same computer (cookie tracking) or the same Internet connection (ip tracking), our automated system will track the sale and automatically credit your account.

In order for automated tracking to be successful the visitor must have clicked on your Referral Partner redirect, have cookies and JavaScript enabled in their browser and not clear cookies before completing a Sound Therapy web form or web order. If the automated tracking fails for any reason and you wish to earn commission for this referral you must contact Sound Therapy International. When you contact us, please include the full name, and e-mail address of the customer you referred plus your unique Referral Partner URL so we may locate your account. The date and time of the order would also be helpful. Whether or not you are able to provide this specific information there is no guarantee we will be able to issue a credit to your account. We will investigate any missed commissions to the best of our ability and if our investigation concludes in your favor then you will be credited with any due commissions.

Commissions

Commissions will be paid to Referral Partners based on successful sales. A successful sale, is defined as: a non-fraudulent, not cancelled or refunded client who has paid for product and/or services in full and has been directed to us through your Referral Partner tracking link.

Because of the high frequency of credit card fraud and cancellation rates, we reserve the right to hold commissions for up to 60 days for verification. We also reserve the right to cancel commissions in the event that we are unable to collect funds, the order is fraudulent, the customer cancels within the first 30 days, or if we learn that the commission was earned improperly for any other reason.

There is one pay period during every month. Pay periods are two weeks long. The pay period is from the 12th of the month until the 20th. Sound Therapy International Pty Lrd will process Referral Partner commissions for the past month period before this on these dates and issue payments. For example: On Feb 8th you earn $500 via the Sound Therapy Referral Partner Program. The commission becomes mature 30 days after we track it, or in this case on March 8th. The next pay date is March 12th, so on March 12th you would be paid for these referrals. This time frame allows us to evaluate every order and assess its validity. In the event we are unable to verify the order during this time frame, we may, at our sole discretion, hold your commission or cancel the order. Cancelled commissions cannot be reinstated.

Base Commissions

Commission rates are posted on www.SoundTherapy.com.au/affilliates and will be updated from time to time. If you have received a custom commission from us in exchange for a large number of referrals, then Sound Therapy International Pty ltd may modify your account settings to reflect this. We consider custom commissions for any Referral Partner who is able to send ten (10) or more new customers per month. Our various programs are managed by various Referral Partner managers, which can be found at www.SoundTherapy.com.au/affilliates

Referral Partner Support Services

Sound Therapy International Pty Ltd will provide reasonable support services to Referral Partners. Certain Referral Partners who have demonstrated a high level of volume will be assigned dedicated account managers. In most cases, Referral Partner managers are assigned based on the volume and activity.

Term of the Agreement

The term of this Referral Partner agreement will begin upon our acceptance of your Referral Partner program application, and will end when terminated by either involved party. Either party may terminate the Referral Partner relationship, with or without cause, by giving written notice of termination to the other. Notice of termination must be delivered to us by sending an e-mail to Referral Partners [at] SoundTherapy.com.au. Once terminated, you will not be eligible to receive commissions for any future referrals.

This agreement becomes effective once you submit your order with us or open an Referral Partner account at SoundTherapy.com.au/Referral Partner . Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to call us for clarification.
By using the Sound Therapy Referral Partner program you agree to the above terms of service.