powered by Assurant ®
TELSTRA TRADE IN by Assurant® Terms Of Service
Effective 2nd April 2024
Usage Overview
This website (“Site”) is operated by Assurant Services Australia Pty Ltd ABN 18 613 632 367 (“Our”, “We”, or “Us”). These terms of service (“Terms of Service”) apply to our Site and any other online service or mobile application that posts a link to these terms of service, as well as any features, widgets, plug-ins, content, downloads, or other services that are offered, or such other online service or application (collectively, the “Services”). In these Terms of Service, the words “You” and “Your” refer to the user visiting the Site or utilising the Services.
To avoid any doubt, the "Services" as defined in these Terms of Service are for the provision by US of access to and use of the Site through which the user of the Site (consumer and small business Telstra customers) may enter into a trade-in transaction for the sale of eligible devices to Us ("Trade-In Transaction"). The terms applicable to such Trade-In Transaction are located at Trade-In Terms and Conditions
These Terms of Service set forth the legally binding terms for Your use of the Services. By accessing or using the Services in any manner, you signify your agreement to: (i) these Terms of Service, (ii) Our Site Privacy Policy, (iii) any other legal notices, conditions, guidelines located within the Services, (including the Site). These Terms of Service will apply regardless of how you access or use the Services, whether it be via computer, tablet, mobile device, smart watch, console, or otherwise (“Smart Product”). If You do not agree to the Terms of Service and Our Site Privacy Policy, please exit now, and do not use the Services.
The Site is provided to persons ordinarily resident in Australia only. By accessing or using the Services in any manner, You confirm to Us that You are ordinarily resident in Australia.
You acknowledge and agree that We have offered the Services, set its prices, and entered into these Terms of Service in reliance upon the warranty disclaimers and the limitations of liability set forth below. You further acknowledge and agree that (i) the warranty disclaimers and the limitations of liability set forth in these Terms of Service reflect a reasonable and fair allocation of risk between You and Us, (ii) the warranty disclaimers and the limitations of liability set forth in these Terms of Service form an essential basis of the agreement between You and Us, and (iii) We would not be able to provide the Services to You on an economically reasonable basis without these limitations and disclaimers.
Scope of Services
To use the Services, consumers and small business Telstra customers who are on an existing postpaid plan may enter into a trade-in transaction for the sale of eligible devices to Us. The product range of devices suitable for a trade-in is limited to the following products: smart phones, tablets, and wearables (smart phone).
You acknowledge and agree that you must also have a Smart Product that is compatible with the Services. Certain features of the Services may not be available to all customers or available on all Smart Products as stated above. We do not warrant that the Services will be compatible with Your Smart Product. Some features are only available in conjunction with a service contract offered by Us or Our affiliates. You may use those features of the Services in connection with Smart Product(s) owned or leased by You that are covered under one of Our or Our affiliate’s service contracts during the term of the service contract that covers Your Smart Product.
Privacy Notice and Guidelines to Service
Please read the Site Privacy Policy carefully for disclosures relating to the collection, use, and disclosure of Your personal information. You must accept the Site Privacy Policy in order to use the Site.
Modification to These Terms of Service
We may revise these Terms of Service at any time, with or without notice, by updating this page or notifying You, and such revisions will be effective upon posting to this page. Please check these Terms of Service periodically for any changes. Your continued use of the Services following the posting of any revisions to these Terms of Service will mean You accept those changes. We reserve the right to alter, suspend or discontinue any aspect of the Services, including Your access to them. Unless explicitly stated, any new features will be subject to these Terms of Service.
Ownership and Proprietary Rights
The content, visual interfaces, information, graphics, design, compilation, software, and all other elements of the Services (collectively, the “Materials”) are protected by Australian copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights and applicable laws. All Materials are Our property, or the property of Our affiliated companies and/or third-party licensors. Materials are patented or patent pending in Australia and other jurisdictions. All trademarks, service marks, and trade names displayed through the Services are proprietary to Us, Our affiliated companies and/or third-party licensors. You may not otherwise copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, sublicense, translate, sell, rent, lease, loan, resell, or otherwise exploit the Materials. You agree not to disclose, publicly perform, transmit, distribute, or provide the Materials to any other party. Furthermore, You may not: modify, disassemble, decompile, or reverse engineer the Services and/or Materials, except to the extent that such restriction is expressly prohibited by law.
Account Information
The Services are not available to any users suspended or removed from the Services by Us. Where you are required by us to register with the Services, You agree that the information You provide to Us upon registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up to date at all times.
Payment Terms, Cancellation, and Refund Policy
No fees are charged to You for your use of the Services. Payment arrangements with regard to Trade-In Transactions are as described in the Trade-In Terms and Conditions. We will not take any payments FROM Telstra customers via this Website.
Credit/Debit Card Transactions
No credit or debit card transactions are made with regard to Your use of the Services.
Payment arrangements with regard to Trade-In Transactions are as described in the Trade-In Terms and Conditions.
Usage Rules and Prohibited Conduct
You understand and hereby acknowledge and agree that you may not and warrant that you will not:
Suspension, Violations and Termination of Service
We reserve the right, but have no obligation, to monitor any User’s registration or use of the Services. We reserve the right to disable, suspend or terminate Your access to the Services for any reason and without any notice, unless otherwise prohibited by law. You agree that We, in the good faith belief that You have violated any of the terms and conditions of these Terms of Service, may terminate any account or subscription, if any, (or any part thereof) for the Services and remove and discard all or any part of Your account at any time. You agree that any termination of Your access to the Services or any portion thereof may be impacted without prior notice, and You agree that We will not be liable to you or any third-party for any such termination nor obligated to reimburse you for payments made to Us (if any) unless otherwise required by applicable law. These remedies are in addition to any other remedies We may have at law or in equity.
Indemnification and Disclaimer of Warranties
You agree to indemnify and hold Us, Our affiliates and licensors, and Our or their respective officers, agents, employees, and successors (“Covered Entities and Persons”) harmless from and against any and all claims, liabilities, damages (actual and consequential), demands, losses and expenses (including legal and other professional fees) arising from or in any way related to Your use of the Services and/or Materials, any violation of these Terms of Service, or any other actions connected with Your use of the Services and/or Materials. We reserve the right, on notice to You, to assume exclusive defence and control of any claim or action, subject to indemnification by You, without relieving You of Your indemnification obligations hereunder. Upon learning of a claim by a third party that Your use violates or allegedly violates a third party’s rights, You agree to promptly notify Us of any such claim. You agree to cooperate with Us as reasonably required in the defence of any such claims, and You shall not in any event settle any such claim or matter without the written consent of Us. In the event of such claim, We will provide notice of the claim, suit, or action to the contact information We have for the account, provided that any failure to deliver such notice to You shall not eliminate or reduce Your indemnification obligation hereunder.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICES AND MATERIALS IS AT YOUR SOLE RISK. THE SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE DO NOT WARRANT THAT (i) THE SERVICES OR MATERIALS WILL MEET ALL OR ANY OF YOUR REQUIREMENTS; (ii) THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY DEFECTS OR ERRORS IN THE SERVICES OR MATERIALS WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SMART PRODUCT, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE, RECOMMENDATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Documents, information, graphics, and other Materials appearing on the Site, or the Services may include technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of such documents, information, graphics, or other Materials is at Your own risk.
SEE BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.
Limitation of Liability and Damages
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COVERED ENTITIES AND PERSONS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES OR MATERIALS, INCLUDING BUT NOT LIMITED TO, (i) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, (ii) COVER, OR (iii) OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICES OR MATERIALS; (2) UNAUTHORISED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (3) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (4) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (5) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; (6) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICES; OR (7) ANY OTHER MATTER RELATING TO THE SERVICES OR MATERIALS.
IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE COVERED ENTITIES AND PERSONS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICES AND MATERIALS, WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE HUNDRED DOLLARS ($100.00 AUD), WHICHEVER IS GREATER.
NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Dispute Resolution
YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL COURT ACTION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
Resolution of Disputes. You agree that all disputes between You and Us (whether or not such dispute involves a third party) with regard to these Terms of Service or Your use of the Services will be resolved by proceedings in the applicable courts with jurisdiction in the State of Victoria, Australia, which courts shall have exclusive jurisdiction.
Class Action Waiver
Neither You nor We shall be entitled to join or consolidate claims under or relating to these Terms of Service by or against other individuals or entities or litigate or pursue any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. A court may sever any portion of this dispute resolution provision if it finds such unenforceable.
Governing Law
THESE TERMS OF SERVICE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF VICTORIA, AUSTRALIA WITHOUT REGARD TO CONFLICT OF LAW RULES OR PRINCIPLES THAT WOULD CAUSE THE APPLICATION OF LAWS OF ANY OTHER JURISDICTION. IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER APPLICABLE CONSUMER PROTECTION LAWS IN YOUR JURISDICTION, INCLUDING AS SET FORTH BELOW.
Exclusions and Limitations; Australian Consumer Law
If You are a consumer, the provisions in these Terms of Service are intended to be only as broad and inclusive as is permitted by the laws of the State of Victoria, Australia. No provision of these Terms of Service shall limit or waive Your rights as a consumer under the laws of the State of Victoria, Australia, including, without limitation, the Australian Consumer Law. In any event, We reserve all rights, defences, and permissible limitations under the law of Your state of residence in Australia.
Severability and Waiver
If in any cause of action brought forth by You, in any court of law, having the jurisdiction to decide on this matter, a court rules that any provision of these Terms of Service are invalid, then that provision will be given no effect for the limited purpose of adjudicating the cause of action, without affecting the rest of these Terms of Service. The remaining provisions of the Terms of Service will continue to be valid and enforceable.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of Our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that We will waive compliance in the future. In order for any waiver of compliance with the Terms of Service to be binding, We must provide you with written notice of such waiver through one of Our authorised representatives.
Entire Agreement
These Terms of Service state the entire agreement with regard to the items discussed above regarding the Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between You and Us with respect to the Services.
We shall not be liable for any failure to perform Our obligations hereunder where such failure results from any cause beyond Our reasonable control including, without limitation, mechanical, electronic or communications failure or degradation.
These Terms of Service are personal to You, and are not assignable, transferable, or sublicensable by You except with Our prior written consent. We may assign, transfer, sub-contract, or delegate any of Our rights and obligations hereunder without consent.
BY USING THIS SERVICE, YOU AGREE TO THE PROVISIONS CONTAINED ABOVE