Terms & Conditions

SYMMobile.com.au Terms and Conditions

Terms of website use

1 General Terms

a.     This page details the terms of use by which you may make use of website www.sellyourmobile.com.au (the "SYM Website"), whether as a guest or a registered user. Please read these terms carefully. By using the SYM Website, you indicate that you accept these terms of use including the terms of SYM’s Privacy Policy and that you agree to abide by them. If you do not agree to these terms of use, please do not use the SYM Website.

b.     The SYM Website is a site operated by iGlobal Telecom Pty Ltd trading as Sell Your Mobile (“SYM”). SYM is registered in Australia with an Australian Company Number (ACN) 165 265 850 and have our registered office at 109 Sydney Road, Brunswick VIC 3056.

c.     SYM aim to update the SYM Website regularly, and may change the content at any time. If the need arises, SYM may suspend access to the SYM Website, or close it indefinitely. SYM will make every effort to ensure that all the information on the SYM Website is as accurate as possible at all times and in the event of an error SYM will endeavour to correct such error as soon as reasonably possible.

2 Use of the SYM Website

a.     Access to the SYM Website is permitted on a temporary basis and SYM reserves the right to withdraw or amend the service SYM provides on the SYM Website without notice (see below). SYM will not be liable to you if for any reason the SYM Website is unavailable at any time or for any period including any inability to access SYM’s website caused by your equipment or the internet connection you use to access SYM’s website. You are responsible for making all arrangements necessary for you to have access to the SYM Website.

b.     From time to time, SYM may restrict access to some parts of the SYM Website, which may include restriction to users who have previously registered with SYM.

c.     If you choose, or you are provided with, a user identification code, password or any other piece of information as part of SYM’S security procedures, you must treat such information as confidential, and you must not disclose it to any third party. SYM will not be responsible or liable in any way in the event you suffer any loss or damage following any unauthorised use or misuse of your password. SYM have the right to disable any user identification code or password, whether chosen by you or allocated by SYM, at any time, if in SYM’s opinion you have failed to comply with any of SYM’s terms and conditions.

d.     When using the SYM Website, you agree that you will use the SYM Website only for lawful purposes.

e.     Specifically, you may not use the SYM Website:

                         i.         in any way that breaches any applicable local, national or international law or regulation;

                        ii.         in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

                       iii.         to send, knowingly receive, upload, download, use or re-use any material which is defamatory, obscene, offensive, threatening, abusive, vulgar, hateful or inflammatory, discriminatory or which infringes the intellectual property rights of any third party;

                      iv.         to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or

                       v.         to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

f.      You also agree not to:

                         i.         reproduce, duplicate, copy or re-sell any part of the SYM Website in contravention of the provisions of these terms of use;

                        ii.         use systematic, repetitive or any other methods which are designed to obtain a large number of quotes or other pricing and related information from the SYM Website; and/or

                       iii.         not to attack (through denial of service, distributed denial of service or otherwise) or access without authority, interfere with, damage or disrupt:

                                           i.         any part of the SYM Website;

                                          ii.         any equipment or network on which the SYM Website is stored;

                                         iii.         any software used in the provision of the SYM Website; or

                                        iv.         any equipment or network or software owned or used by any third party.

A breach of section (iii) above may result in you committing a criminal offence under the Computer Misuse or similar Act. SYM will report any such breach to the relevant law enforcement authorities and SYM will co-operate with those authorities by disclosing your identity to them.

g.     SYM reserves the right to determine, in its absolute discretion, when a breach of these terms of use, breach of the terms of supply or other abuse of SYM’s website or system has taken place. If SYM determine that a breach of these terms of use, breach of the terms of supply or abuse of the website or system has taken place SYM reserve, suspend or permanently prohibit your use of the website including deleting your account and banning you from using SYM’s services. Where SYM determine that a breach of these terms of use, breach of the terms of supply or abuse of the website or system has occurred SYM may refuse to pay to have your mobile device shipped back to you but SYM will make it available for your collection provided that, if you have supplied a counterfeit device, it will be destroyed or provided to the relevant authorities. Examples of breach of the terms of supply include but are not limited to submitting a counterfeit mobile device as genuine or submitting an obviously different model mobile device as a more recent and more expensive model.

3 SYM Website rights

a.     SYM is the owner or the licensee of all intellectual property rights in the SYM Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

b.     You may print off one copy, and may download extracts, of any page(s) from the SYM Website for your personal reference only.

c.     You must not otherwise reproduce any copies of any materials you have printed off or downloaded in any way including any illustrations, photographs, video or audio sequences or any graphics.

d.     You must not use any part of the materials on the SYM Website for commercial purposes without obtaining a licence to do so from SYM or SYM’s licensors.

4 The SYM Privacy Policy

SYM will process information about you in accordance with SYM’s Privacy Policy which can be found at the SYM’s Privacy Policy Page. By using the SYM Website, you consent to such processing and you warrant that all data provided by you is accurate.

5 Linking to and from the SYM Website

a.     You may link to SYM’s home page, provided you do so in a way that is fair and legal and does not damage SYM’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on SYM’s part where none exists.

b.     You must not establish a link from any website that is not owned by you.

c.     The SYM Website must not be framed on any other site, nor may you create a link to any part of the SYM Website other than the home page. SYM reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with these terms and conditions.

d.     If you wish to make any use of material on the SYM Website other than that set out above, please address your request to support@sellyourmobile.com.au

e.     Where the SYM Website contains links to other sites and resources provided by third parties, these links are provided for your information only. SYM have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party website does not constitute an endorsement by SYM of or any affiliation between SYM and that third party or the products or services that they offer. You acknowledge and agree that SYM is not responsible or liable (including for any loss or damage you suffer or incur as a consequence of your reliance on or purchase of) the content, advertising, products, services, or other materials on or available from such sites.

6 SYM’s liability

a.     The material displayed on the SYM Website is provided without any guarantees, conditions or warranties as to its accuracy or completeness. To the extent permitted by law, SYM and other members of any group of companies associated with SYM hereby expressly exclude:

                         i.         all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

                        ii.         all liability for any loss suffered of incurred by you by your use, inability to use or reliance on SYM’s website or any result derived from its use (or use of any websites linked to it), regardless of the nature of that loss, whether direct, indirect or consequential or damage incurred by any user in connection with the SYM Website or in connection with the use, inability to use, or results of the use of the SYM Website, any websites linked to it and any materials posted on it;

                       iii.         liability for loss of income or revenue, liability for loss of anticipated savings, liability for loss of data, or any other loss or damage of any kind,

however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

b.     The above clause 6a) does not affect SYM’s liability to you for:

                         i.         death or personal injury arising from SYM’s negligence;

                        ii.         fraudulent misrepresentation; or

                       iii.         any other liability which cannot be excluded or limited under applicable law.

c.     SYM will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the SYM Website or to your downloading of any material posted on it, or on any website linked to it.

7 Jurisdiction and applicable law

a.     The courts of Victoria, Australia will have exclusive jurisdiction over any claim arising from, or related to, a visit to the SYM Website although SYM retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by Australian law.

b.     If SYM fails to exercise any of the rights or remedies to which SYM are entitled under these terms, this does not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

c.     If any of these terms are determined by any competent authority to be invalid, unlawful or enforceable to any extent, such terms, will to that extent be severed from the remaining terms and the rest of the affected term and these terms shall continue to be valid to the fullest extent permitted by law.

8 Variations

SYM may amend these terms of use at any time. You are expected to check this page from time to time to take notice of any changes that SYM have made, as they are binding on you. Any changes made to these terms of use will be effective immediately when they are published on this website and your continued use of the website will constitute your acceptance of the change to the updated terms of use.

9 Your concerns

If you have any concerns about material which appears on the SYM Website, please email to support@sellyourmobile.com.au.

Transactional Terms & Conditions

1 General Terms

a.     Please read these terms and conditions carefully before submitting your sell order from the SYM Website. You should understand that by submitting an order, you agree to be bound by these terms and conditions of supply.

b.     You should print and keep a copy of these terms and conditions of supply for future reference.

c.     In confirming your sell order you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to place a sell order via the SYM Website.

2 How the contract is formed between SYM and you

a.     The SYM Website is only intended for use by customers registered with SYM and resides in Australia. At SYM’s complete discretion SYM may accept or reject orders from people outside of these territories.

b.     A contract with SYM will be formed when SYM receives your sell order. It will incorporate these terms and conditions and SYM’s terms of use. Please click on the “How it Works” page for more information.

c.     You must own all rights in any mobile devices(s) that you send to SYM. By sending your sell order you declare that you are the true and rightful owner of, and have good title to, the enclosed mobile device(s) and as such, you confirm that you are legally authorised to sell or dispose of the mobile device(s) at your own discretion.

d.     Ownership of the mobile device(s) will pass to SYM when we receive the mobile device/s at SYM’s delivery location, in accordance with these terms and conditions, and we have dispatched payment to you.

e.     SYM may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of SYM’s rights or obligations arising under it, at any time during the term of the contract.

3 Terminating the contract

a.     You may cancel the contract with SYM at any time up to the time when you send SYM your mobile device ("cooling- off period"), provided that:

                         i.         the contract was negotiated and concluded exclusively by means of distance communication (including, but not limited to, telephone, letter, fax or email); and

                        ii.         you are a natural person not acting in the course of any business (note if you are acting in the course of a business, the cooling-off period does not apply to you).

b.     When cancelling during the cooling-off period, you do not need to give SYM any reason for cancelling the contract, nor will you have to pay any administration charges.

c.     To cancel the contract you must notify SYM in writing.

d.     Other than if the mobile device does not meet SYM’s terms and conditions (see below), this contract cannot be cancelled after the mobile device(s) is received by us.

4 Consumers

a.     By placing an order through the SYM Website, you warrant that:

                         i.         you are accessing the SYM Website from Australia;

                        ii.         you are legally capable of entering into a binding contract;

                       iii.         you are at least 16 years old;

                      iv.         if you are under 18 years of age, that you have obtained your parent's or guardian's consent to sell your mobile device to SYM for the price offered; and

                       v.         you and your parents or guardians release SYM of any liabilities or claims that may arise if you send the mobile device to SYM in breach of this warranty.

b.     If you are a consumer your statutory rights as a consumer are not affected by this contract.

5 Businesses

By placing an order through the SYM Website in the course of a business, you warrant that you are:

       i.         authorised to act on behalf of the registered business;

      ii.         based in Australia;

     iii.         accessing the SYM Website from Australia;

    iv.         you have all necessary licences (including any applicable second hand trading licence) to enable you to sell your device to SYM; and

     v.         legally capable of entering into a binding contract.

6 Mobile Devices

a.     Each mobile device sold should match the make and model in the sell order you have completed.

b.     Each mobile device that you send to SYM will be classified by SYM as either 'Working' , 'Non-working' and ‘No power in accordance with the following:

For a mobile device to be classified as 'Working' it must:

                         i.         be capable of being turned on and off;

                        ii.         be fully functional in accordance with its user manual;

                       iii.         have a screen that is working and intact;

                      iv.         have a working touch screen (if applicable) which must not be cracked;

                       v.         contain the battery; and

                      vi.         not have any physical or liquid damage.

 

If a mobile device is “non- Working" (it does not comply with each and/or all of the criteria noted above) it will be classified as “Non-working” but please note that, not with standing it is classified as 'Non-working', it must:

                     vii.         contain the battery; and

                    viii.         not be crushed or broken to the extent that it is scrap value only in the reasonable opinion of SYM as SYM DO NOT accept mobile devices in such condition.

 

c.     All initial prices offered by SYM will be provided on the assumption that your mobile device falls under each of the requirements of the Working classification for the make and model of your mobile device.

d.     If, on SYM’s examination, a mobile device you have sent to SYM fails to meet the Working requirement set out above SYM will propose an adjusted price by email as a Non-working device (the “New Offer’). If you choose to decline the New Offer, SYM shall return the mobile device the cost of such return will be borne by SYM. Adjusted orders for any Non-working device will be automatically processed for payment at the price set out in the New Offer if you do not reply to the New Offer within 7 days of notification of such New Offer to you. SYM will have the sole discretion in determining the appropriate classification of your mobile device as ‘Working’ or ‘Non-working’ and by agreeing to these terms and conditions you acknowledge and agree that if you do not respond to the New Offer within 7 days a binding contract will be established between SYM and you at the price set out in the New Offer. In addition, SYM do not accept mobile device(s) that are crushed or broken to the extent that it is scrap value only. Any device(s) that are received by SYM in this condition will be destroyed and not returned to you. No payment will be provided to you for such device(s).

e.     You consent to the disclosure of personal information to SYM in accordance with the terms of SYM’s Privacy Policy which is set out on the SYM Website.

7 Your responsibilities

a.     SYM will accept mobile device battery chargers and accessories however these do not increase the value of your order.

b.     You are responsible for cancelling any network contract linked to each mobile device. SYM is not responsible for any call costs arising before, or after, SYM’s receipt of your mobile device, or arising from any other circumstances whatsoever.

c.     Please ensure you remove your SIM card before sending SYM your mobile device. SYM accepts no liability in the event that a SIM card is sent with a mobile device and charges are then incurred. You will continue to be responsible for such charges. Any SIM cards received by SYM with your mobile device will not be returned and SYM will destroy them.

d.     Except to the extent specified in SYM’s Privacy Policy, you agree to release SYM from all and any claims, losses or damages with respect to any data stored or contained in the mobile device or on any media used in conjunction with the mobile device (whether in the form of personal details, SMS, photos, games, songs or other data ("Data")). SYM accepts no responsibility in relation to the security, protection, confidentiality or use of such Data and it is your responsibility to ensure that such data is removed from the mobile device prior to you sending it to SYM. If any Personal Information is contained on the mobile device which has not been deleted when SYM receive it, SYM will deal with that Personal Information in accordance with SYM’s Privacy Policy.

8 Second-Hand Dealer Licence

a.     SYM is a registered Second-Hand Dealer. As part of SYM’s licence to operate with Victorian Department of Fair Trading, SYM is required by law to obtain proof of identity from every person attempting to sell goods to us. The required copies of proof of identity are detailed in the sales process and also defined below in clause 8 b). The proof of identity requirement is part of SYM’s licence requirement and is solely used for the purpose of helping police track down criminals.

b.     You must provide two proof of identity item’s that together show each of your full name, photograph, current address, date of birth and your signature. Such two items may contain the following forms: 

a photocopy of one of the following form of identification: 

                         i.         a passport;

                        ii.         a drivers licence or learner drivers permit;

                       iii.         proof of age card;

                      iv.         licences issued under the Firearms Act 1996;

                       v.         forklift licence;

                      vi.         full birth certificate/extract of birth;

                     vii.         certificates of Australian citizenship;

                    viii.         marriage certificate;

                      ix.         health care card;

                       x.         medicare card;

                      xi.         bank statement/mortgage documents;

                     xii.         utility bill;

                    xiii.         pawnbroker’s licence/2nd hand dealer licence/pawnbroker and 2nd hand dealers licence;

                   xiv.         pensioner concession card;

                    xv.         union card;

                   xvi.         employee pay slip;

                  xvii.         vehicle registration;

                 xviii.         tax file number document;

                    xix.         department of social security document; or

                     xx.         some identification cards issued by a tertiary education institution

 

In the case of an incorporated body you must also provide, certificates of registration or incorporation.

c.     SYM work with a number of agencies and service providers to enable SYM to check the international mobile equipment identity number ‘IMEI’ of all mobile devices that are sent to SYM to confirm that they are not stolen. SYM may do this prior to confirming purchase. However, in the event that SYM become aware of any issues at any time, SYM reserve the right to withhold/cancel payment and you agree to co-operate with SYM and any authorities should SYM make such a request.

d.     The provision of the proof of identity is material condition of SYM’s contract with you. If you do not provide the necessary proof of identity documents within 7 days of the Order Approved Date (as defined in clause 9 below) SYM reserve the right withhold payment for your mobile device and/or contact the police about the relevant transaction.

9 Pricing

a.     Prices offered on SYM’s website are subject to change at any time without notice. Prices quoted are not for bulk purchases of 10 or more handsets. Bulk purchase of 10 or more handsets will be quoted via the "bulk orders" tab on the SYM website.

b.     When your order has been placed, the prices quoted are guaranteed for 14 days from the “Order Approved Date” (where the “Order Approved Date” is the date on which SYM send you a confirmation letter or email and Postage Paid postal bag.) If your mobile device(s) is/are received after 14 days from the 'Order Approved Date’, SYM will propose an adjusted price by email (the “New Offer’). If you choose to decline the New Offer, SYM shall return the mobile device. Adjusted orders for Non-working devices will be automatically processed for payment at the price set out in the New Offer if you do not reply to the New Offer within 7 days of notification of such New Offer to you. SYM will attempt to contact you if your mobile device is received after this Order Approved Date, if SYM are unsuccessful in contacting you SYM will process the order at the Price set out in the New Offer. By agreeing to these terms and conditions you acknowledge and agree that if you do not respond to the New Offer within 7 days a binding contract will be established between SYM and you at the price set out in the New Offer.

10 Delivery

a.     SYM will pay for postage of your mobile device to SYM through the SYM Postage Paid postal bag provided. You can choose between two methods of delivery to SYM, either through the courier collection bag that SYM sends to you or through reply paid post in which you print off the necessary label to be included on the package which contains your mobile device. Unfortunately, other than when SYM arranges courier collection, SYM will not accept responsibility for non-delivery of mobile devices or damage in transit. (For the avoidance of doubt, in the event you choose to send your mobile device via the reply paid post method, this will not be covered by SYM’s transit insurance and SYM accepts no responsibility for non-delivery or damage to the mobile device in transit). SYM therefore recommends if you utilise the reply paid postage method that you send any high value mobile devices via registered post to ensure successful delivery.

b.     Registered deliveries should be sent to SYM at SYM’s Australian delivery location:

iGlobal Telecom Pty Ltd
109 Sydney Road
Brunswick VIC 3056

11 Payments

a.     SYM offer an option of bank transfer or PayPal payments to pay you for your mobile device and may offer other options at SYM’s discretion. You will be required to select a payment option when placing each online sell order. Unfortunately, this payment option cannot be changed once the order is placed.

b.     When SYM receives your mobile device, SYM will check that it is complete, and that it meets SYM,s terms and conditions. Providing it does, SYM will make payment to you via bank transfer or PayPal, within 1 business day (business day’ means any day excluding the weekend and any public holiday in Victoria). Subject to additional time for processing for orders that contain 20 items or more (“Bulk Orders”). Generally Bulk Orders will take an additional 3 business days to be processed.

c.     Bank transfer payments can only be made to the account details given when placing the online order. SYM cannot, under any circumstances, recall or reissue bank transfer payments once they have been made.

12 Proof of ownership

In the case SYM is notified or suspects that the mobile device is either lost or stolen, SYM may request further proof of ownership of the mobile device. Additional proof of ownership may include, but is not limited to, receipts, tax invoices or carrier receipts. In the event that there is insufficient proof of ownership, the mobile device may be returned to you, or to the relevant authorities.

13 SYM’s liability

SYM will not be liable or responsible for any failure to perform, or delay in performance of, any of SYM’s obligations under a contract that is caused by events outside SYM’s reasonable control or due to SYM’s compliance with any applicable laws or regulations.

 

14 General

a.     If any provision of these terms is void, unenforceable or contrary to law, such provision shall be deemed to have been excluded from these terms from the commencement of your contract and shall not affect any other provision hereof.

b.     These terms and the transactions contemplated by it are governed by, and construed in accordance with the laws of the state of Victoria, Australia and each party submits to the exclusive jurisdiction of the courts of the state of Victoria, Australia and the courts of appeal from them, for determining any dispute concerning this or the transactions contemplated by it.

 

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