- Terms & Conditions
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Terms & Conditions
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult to make your purchase.
We are: Personal Digital Services Pty Ltd
Our address is: Suite 109, Level 1,
222 Pitt Street, Sydney NS 2000
You are: a visitor to Our Website / our customer
The terms and conditions
In this agreement:
"Carrier" means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
"Consumer" means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
"Our Website" means the entire computing hardware and software installation that is or supports Our Website.
"Goods" means any of the Goods we offer for sale on our Website
"Content" means any material in any form published on Our Website by us or any third party with our consent.
"Material" means Content of any sort posted by you on Our Website
Our contract with you
These terms and conditions apply:
- So far as the context allows, to you as a visitor to Our Website; and
- In any event to you as a buyer or prospective buyer of our Goods.
- We shall accept your order by e-mail / phone confirmation. That is when our contract is made and our message will also confirm details of your purchase.
- We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
- In any event we may choose at our desecration to CANCEL your order Without Prior notice, and grant you a FULL refund including postage paid to us.
- Although every effort is made to ensure stock statuses are reflected correctly on our web site, we cannot guarantee that Goods advertised on our website are available.
- If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
- accept the alternatives we offer;
- cancel all or part of your order;
- If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
- If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date of cancellation of your order.
Your account with us
- You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
- If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
- You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
- We reserve the right to refuse you access to Our Website.
- Products identified as "Including GST" are supplied by Personal Digital Pty Ltd (ABN # 56158 860 916).
- Products identified as "GST Free" are supplied by Personal Digital HK (Registration # 1470 087).
Price and Payment
- We endeavour to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
- Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.
- Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
- Prices include Australian good and service tax where applicable. If you show by your delivery address that you reside outside Australia, GST, if included, will be deducted at the payment point.
- WHERE AN ITEM SAYS "LEAVES THE WAREHOUSE IN 1 - 3 BUSINESS DAYS" - IT MEANS HANDLING / PROCESSING TIME WILL BE 1 - 3 BUSINESS DAYS
- Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery, as a signature is required for most items.
- If we are unable to deliver your order, we / or the carrier will contact you to make other arrangements.
- Alternatively, you may select ‘Australia Post’ as the carrier during the checkout process, if you would like to have the option of collecting your order from the closet post office.
- We may deliver the Goods in instalments if they are not all available at the same time for delivery.
- The ownership of goods passes to you at the point of dispatch from our facilities. You may choose to insure the package at the checkout / payment point.
- We will send you a message by email to tell you when we have despatched your order.
Cancellation of order
- If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, less any restocking fee, if any.
- If you cancel after we have despatched the Goods, we will refund the price of the goods only, less any restocking fee, if any.
- The option to cancel your order is not available if the Goods are:
- ordered in specifically for you (we let you know if this is the case either via Email or Phone before we go ahead and place the order with our supplier. At the time, you will have the option to cancel your order for a full refund, if you do not agree to this condition)
- ordered or altered to your specification;
- shrink wrapped or otherwise sealed electronic media such as software or DVD, which has been opened.
- If you cancel your order after we have despatched the Goods, you must return them to us within 7 days in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged. Refund will exclude delivery costs and may incur a restocking fee.
- You are responsible for the cost of returning them.
- To assist us in identifying your Goods on receipt by us, we ask you to email us for a RMA No. to be placed below our address / returns label.
- If you fail to return the goods, within 7 days, we are entitled to arrange for their collection. If we do we shall look to you to repay us the cost of collection.
- We will refund your money within 7 days.
- This paragraph does not affect your rights in the event that the Goods are faulty.
Foreign taxes, duties and import restrictions
- If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
- You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
Warranty through Manufacturer
- If the Item you purchased states that it is covered for Manufacturer's warranty, please refer to the Manufacturer's website for Warranty Claim details.
- Please note that we are not liable for any warranty claims outside of the Manufacturer's warranty period, unless the product is covered by the extended warranty, purchased through us.
- As an after sales service, we are happy to assist you with the warranty claim process if you are having difficulty contacting the Manufacturer directly.
Dead on Arrival and warranty through Personal Digital
- Please contact us via email to obtain an RMA form
- We will issue an RMA No. after receiving and processing the RMA.
- Please return the goods, in their original packaging, quoting the RMA No. supplied.
- So far as possible, Goods should be returned:
- with both goods and all packaging as far as possible in their original condition
- securely wrapped;
- including our delivery slip;
- at your risk and cost.
- Costs associated with sending in the product for repairs / DOA is to be borne by you, unless you have purchased an extended warranty pack through us that provides a device collection service at no cost.
- After receiving and testing the defective product, we will contact you to inform your RMA has been accepted.
- Warranty and DOA claims must be in line with Manufacturer’s warranty guidelines.
- If your DOA claim is accepted, we will make arrangements to send out a replacement unit, at the earliest possible.
- If your warranty claim is accepted, we will proceed with repairs of your device. Repair turnaround is usually 5 to 15 business days.
- We will arrange for the device to be returned to you at our cost.
LIQUID or WATER damage is NOT covered by warranty. (EVEN IF YOUR PHONE IS WATERPROOF(IP Rated) IT DOES NOT MEAN A LIQUID CANNOT GET INSIDE).
- This Warranty does not cover water damage to Mobile Phone where the water damage was
• improper closure of the back cover or the USB cover (eg Samsung
Galaxy S4 Active or Samsung Galaxy S5 Mobile Phone; or
• submersion of the Samsung Galaxy S4 Active or Samsung Galaxy S5
Mobile Phone in water for 30 minutes or more.
- These situations are EXAMPLES only.
The water used for these tests is usally FRESH water.
- This Warranty does not cover water damage to Mobile Phone where the water damage was
- We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
- You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
- We give no warranty and make no representation, express or implied, as to:
- the adequacy or appropriateness of the Goods for your purpose;
- the truth of any Content on Our Website published by someone other than us;
- any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used;
- compatibility of Our Website with your equipment, software or telecommunications connection.
- Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
- We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
- In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
- The above two sub paragraphs do not apply to a claim for personal injury.
Content and Intellectual Property Rights
- We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
- We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
- Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
- You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
- Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
Your email address
- You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
- You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
- You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
- If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.
- You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.
- You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
- You represent and warrant that:
- you own the rights to all of the Material that you post;
- any fact stated in your Material is accurate;
- We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
- You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
- You may not use any software tool for the purpose of extracting data from our website.
- You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Acceptable use Policy
As a condition of your use of Our Website, you agree to comply with these provisions:
You will not use or allow anyone else to use the Web Site to post or otherwise publish:
- copyright works;
- commercial audio, video or music files;
- any Material which violates the law of any established jurisdiction;
- unlicensed software;
- software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
- links to any of the material specified in this paragraph;
- pornographic Material;
- any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.
You will not use the Services for spamming. Spamming includes, but is not limited to:
- The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
- The sending of junk mail;
- The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
- Excessive and repeated posting off-topic messages to newsgroups;
- Excessive and repeated cross-posting;
- Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
- The emailing of age inappropriate communications or content to anyone under the age of 18.
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
- When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
- Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
- If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
- In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
- We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
- This Agreement shall be governed by and construed in accordance with the law of Australia, unless where stated otherwise. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Additional Terms for 'GST Free' purchases
These terms and conditions constitute the terms of sale between you, the customer, and Personal Digital HK, a company registered in Hong Kong with company registration number 1470 087.
Payment is to be made prior to goods being despatched.
Personal Digital HK reserves the right to appoint an agent in relations to the collection and processing of your payment. Where we appoint an agent or intermediary (such as paypal) , we agree that there will be no additional cost to you in relations to such an arrangement.
Freight and Delivery
The terms of the sale is based on “free on board” basis, and ownership of the goods passes at the point of dispatch by Personal Digital HK . In respect of your order from Personal Digital HK, you are the importer for the purpose of customs and border processing. As importer of the product, you agree to pay all taxes (if any) in relations to the products to the relevant authorities and it is your responsibility to determine whether any such taxes may be applicable. You agree to not hold Personal Digital HK, its agents or affiliates responsible for any loss, damage, cost or expense that you incur as a result of your obligations to pay taxes in any jurisdiction in relations to your import.
We will ensure that products are shipped in a prompt and timely manner to your specified delivery address. From time to time, delays may occur due to factors beyond our control. Neither Personal Digital HK nor its agents or representatives are liable for any loss or damaged suffered by anyone as a result of such delays.
Where an estimated date of despite or date of delivery is provided, the date may be subject to change without notice.
The sale of this product is governed by the jurisdiction of the courts of Hong Kong.
This is the privacy notice of Personal Digital. In this document, “we” or “us” refers to Personal Digital Services Pvt Ltd.
We are [ACN - 158 860 916 / ABN - 56 158 860 916 ] registered in Australia.
Our registered office is at: Suite 109, Level 1,
222 Pitt Street, Sydney NS 2000
This is a notice to tell you our policy about all information that we record about you. It covers both information that could identify you and information that could not.
We are extremely concerned to protect your privacy and confidentiality. We understand that all users of our web site are quite rightly concerned to know that their data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party. Our policy is both specific and strict. It complies with Australia law and with the laws of all jurisdictions of which we are aware. If you think our policy falls short of your expectations or that we are failing to abide by our policy, do please tell us.
We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our web site immediately.
Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at this site.
Here is a list of the information we collect from you, either through our web site or because you give it to us in some other way, and why it is necessary to collect it:
Basic identification and contact information, such as your name and contact details.
This information is used:
- to provide you with the services which you request;
- for verifying your identity for security purposes;
- for marketing our services and products;
- information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service.
Market place information
When we obtain information from you specifically to enable you to buy a service offered on our web site by some other person, we assume that in giving us your information, you are also giving us permission to pass it to the relevant person.
Your domain name and e-mail addressare recognised by our servers and the pages that you visit are recorded. We shall not under any circumstances divulge your e-mail address to any person who is not an employee or contractor of ours and who does not need to know, either generally or specifically. This information is used:
- to correspond with you or deal with you as you expect.
- in a collective way not referable to any particular individual, for the purpose of quality control and improvement of our site;
- to send you news about the services to which you have signed up;
- to tell you about other of our services or services of sister web sites.
Information you post on our website
Information you send to us by posting to a forum or blog or in your advertisement is stored on our servers. We do not specifically use that information except to allow it to be read, but you will see in our terms and conditions that we reserve a right to use it in any way we decide.
Website usage information
Financial information relating only to your credit cards
This information is never taken by us either through our website or otherwise. At the point of payment, you are transferred to a secure page on the website of [Eway / PayPal ] or some other reputable payment service provider. That page may be dressed in our “livery”, but it is not controlled by us. Our staff and contractors never have access to it.
Financial information about your direct debit or your credit cards
When you have agreed to set up a direct debit arrangement, the information you have given to us is passed to our own bank [name of bank] for processing according to our instructions. We do / do not keep a copy.
We are registered under the direct debit guarantee scheme. (This provides for the customer’s bank to refund disputed payments without question, pending further investigation. Direct debits can only be set up for payments to beneficiaries that are approved "originators" of direct debits. In order to be approved, these beneficiaries are subjected to careful vetting procedures. Once approved, they are required to give indemnity guarantees through their banks.)
We retain your credit card information securely
We may keep your financial information to provide you with a better shopping experience next time you visit us and to prevent fraud.
We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser, and to encrypt any data you give us when you buy, including financial information such as credit or debit card numbers. Our SSL certificate encryption level is 256-bit. Whenever we ask for financial information, you can check that SSL is being used by looking for a closed padlock symbol or other trust mark in your browser URL bar or toolbar.
We take the following measures to protect your financial information:
- We keep your financial information encrypted on our servers.
- We do not keep all your data, so as to prevent the possibility of our duplicating a transaction without a new instruction from you.
- Access to your information is restricted to authorised staff only.
- If we ask you questions about your financial information, we shall show partial detail the first four AND the last four digits of the debit or credit card number, only enough to identify the card(s) to which we refer.
To assist in combating fraud, we share information with credit reference agencies so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.
Business and personal information
This includes all information given to us in the course of your business and ours, such as information you give us in your capacity as our client. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect you to reciprocate this policy.
We keep information which forms part of our business record for minimum of seven years. That is because we may need it in some way to support a claim or defence in court. That is also the period within which our tax collecting authorities may demand to know it.
Third party advertising
Cookies are small text files that are placed on your computer's hard drive through your web browser when you visit any web site. They are widely used to make web sites work, or work more efficiently, as well as to provide information to the owners of the site.
You can manually disable cookies at any time - check your browser’s ‘Help’ to find out how. This will not affect your ability to view the site.
- to allow essential parts of our web site to operate for you.
- to operate our content management system.
- to operate the online notification form - the form that you use to contact us for any reason. This cookie is set on your arrival at our web site and deleted when you close your browser.
- to enhance security on our contact form. It is set for use only through the contact form. This cookie is deleted when you close your browser.
- to collect information about how visitors use our site. We use the information to improve your experience of our site and enable us to increase sales. This cookie collects information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from, and the pages they visited.
- to record that a user has viewed a webcast. It collects information in an anonymous form. This cookie expires when you close your browser.
- to record your activity during a web cast. For example, as to whether you have asked a question or provided an opinion by ticking a box. This information is retained so that we can serve your information to you when you return to the site. This cookie will record an anonymous ID for each user, but it will not use the information for any other purpose. This cookie will last for  days, when it will delete automatically.
- to store your personal information so that you do not have to provide it afresh when you visit the site next time. This cookie will last for  days.
- to enable you to watch videos we have placed on YouTube. YouTube will not store personally identifiable cookie information when you use YouTube’s privacy-enhanced mode.
Calling our help line
When you call our help line, we may collect Calling Line Identification (CLI) information. We use this information to help improve the efficiency and effectiveness of our help line
Sending a message to our support system
When you send a message, we collect the data you have given to us in that message in order to obtain confirmation that you are entitled to receive the information and to provide to you the information you need. We record your request and our reply in order to increase the efficiency of our business / organisation. We do not keep any personally identifiable information associated with your message, such as your name or email address.
When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and, if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
Third party content
Our web site is a publishing medium in that anyone may register and then publish information about himself or some other person. We do not moderate or control what is posted. If you complain about any of the content on our web site, we shall investigate your complaint. If we feel it may be justified, we shall remove it while we investigate. Free speech is a fundamental right, so we have to make a judgement as to whose right will be obstructed: yours, or that of the person who posted the content which offends you. If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.
Content you provide to us
If you provide information to us with a view to it being read, copied, downloaded or used by other people, we accept no responsibility for what that third party may do with it. It is up to you to satisfy yourself about the privacy level of every person who might see your information. If it is available to the entire World, you have no control whatever as to how it is used.
With your permission may we pass your email address and name to selected associates whom we consider may provide services or products you would find useful. You may opt out of this service at any time by instructing us at email@example.com
Information we obtain from third parties
Although we do not disclose your personal information to any third party (except as set out in this notice), we do receive data which is indirectly made up from your personal information, from software services. No such information is identifiable to you.
This is information given to us by you in your capacity as an affiliate of us or a customer or client of ours. Such information is retained for business use only. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect any affiliate to agree to reciprocate this policy. As an exception to this, we have the right to disclose your first name and URL of your affiliate connection to other affiliates and to any other person or organisation, on and off site. The reason is solely to enable us to mention winners and others whose performance as an affiliate is in some way outstanding.
Use of site by children
If you are under 18, you may use our site only with consent from a parent or guardian.
- Disclosure to Government and their agencies. We are subject to the law like everyone else. We may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
At any time you may review or updatethe personally identifiable information that we hold about you, by contacting us at the address below. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.
Sale of your personal information
Except as specified above, we do not rent, sell or otherwise disclose any of your information to any person outside our business.
Data may be "processed" outside the Australia
Our web sites are hosted in Australia. Accordingly data obtained within the Australia may be “processed” outside the Australia and data obtained in any other country may be processed within or outside that country.
Compliance with the law
This confidentiality policy has been compiled so as to comply with the law of every jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your country, we should like to hear from you, but ultimately it is your choice as to whether you wish to use our website.
Removal of your information
If you wish us to remove personally identifiable information from our web site, you may contact us at firstname.lastname@example.org. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.