Terms of Use

1. Introduction

This website (www.uniquemobiles.com.au &/or www.mymobile.com.au) is operated by The MyMobile Group. By accessing or using this website, you agree to the Terms of Use of our website as set out below.

The Terms of Use of the Unique Mobiles website include these Terms and Conditions, the Privacy Policy and any other terms and conditions that appear in or are linked to the website (Additional Terms and Conditions).

The Additional Terms and Conditions that appear on the website will govern your use of, and access to, certain sections of the website where they appear. Since these Additional Terms and Conditions form part of the Terms of Use you are bound by them and should review them wherever they are relevant to you when using the website.

2. Website content and access

While The MyMobile Group endeavours to take reasonable care in preparing and maintaining the information on this website we do not warrant the accuracy, reliability, adequacy or completeness of any of the website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.

Features and specifications are subject to change. Information and specifications per manufacturer's advice. The MyMobile Group makes no warranties or representations about this website or any of the content. We exclude, to the maximum extent permitted by applicable law, any liability which may arise as a result of the use of this website, it's content or the information on it.

It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law The MyMobile Group disclaims all liability for loss directly or indirectly arising from your use of or reliance on the website and the website content.

The MyMobile Group does not guarantee that access to the website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses the website or any data on such a computer.

3. Limitation of liability

To the maximum extent permitted by law The MyMobile Group excludes completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the website content and the use or performance of the website.

Where the law implies a warranty into these Website Terms and Conditions which may not lawfully be excluded The MyMobile Group's liability for breach of such a warranty shall be limited at its option, to any one or more of the following:

(a) in the case of goods, to any one it determines of the following: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
(b) in the case of services, to either supplying the services again or payment of the cost of having the services supplied again.

4. Intellectual property

The materials displayed on this website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and brand names, logos and trade marks, are the property of Unique Mobiles or third parties and are protected by copyright, trade mark and other intellectual property laws. Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation only provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of The MyMobile Group.

Save for the above, and unless expressly granted, Unique Mobiles does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the website or in the user interface of the website.

5. Submissions

Any material you send to us on or via the website will be deemed to be non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information. We will be entitled to use such material for any purpose without compensation to you.

6. Third party websites

The website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, The MyMobile Group does not control, endorse, sponsor or approve any such third party websites or their content nor does The MyMobile Group provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.

7. Links to website

If you wish to establish a link to this website, you must first seek approval from The MyMobile Group. To seek approval, please email feedback@uniquemobiles.com.au.

The following information will be required to assess your request:

• the URL of the website that you seek to establish a link from

• a brief description of your website
• the reason that you wish to establish a link.

If The MyMobile Group agrees to your proposed link, you must comply with any terms and conditions imposed by The MyMobile Group as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact The MyMobile Group and provide a new description of your website.

8. Interference with website

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the website.

9. Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the State of Queensland, Australia. In the event that a dispute arises from these Website Terms and Conditions, you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

Privacy Policy

Scope: This statement applies to this website and your interaction with us.

Personal Information

• You may interact with us anonymously where this is lawful and practicable.

• We may collect information about you that you choose to provide, such as your e-mail or postal address.
• We may collect non-personal information from you such as browser type, operating system, and web pages visited to help us manage our web site.
• We use cookies and other internet technologies to manage our website and on-line certain products and services. We do not use these technologies to collect or store personal information unless you have opted in to such a feature.

Uses and Sharing

• We use personal information you provide only for purposes consistent with the reason you provided it, or for a directly related purpose.

• We will not use your personal information to market to you unless we have either your implied or express consent.
• We do not share your personal information with other organisations unless you give us your express consent, or where sharing is otherwise required or permitted by law.
• When we temporarily provide personal information to companies who perform services for us, such as specialist information technology companies, mail houses or other contractors to Unique Mobiles we require those companies to protect your personal information as diligently as we do.

Your Rights & Choices

• You have the right to request access to the personal information you provide, and to correct or update your personal information. This right is subject to certain exceptions allowed by law.

• You may instruct us to remove any previous consent you provided to receive marketing communications from us.

Direct Marketing and Your Privacy

From time to time we may use the personal information we collect from you to identify particular products and services which we believe may be of interest to you. We may then contact you to let you know about these products and services and how they may benefit you. We will only do this with your consent and we will always give you a choice to opt put of receiving such information.

Direct Mail

Where we use your personal information to send you marketing information via the mail we may do so with your implied consent. You imply consent where we reasonably conclude that it has been given by the actions you take or do not take, such as by not ticking an "opt out" box on a form for one of our products and services. We will ensure that our opt out notices are clear, conspicuous and easy to take up.

Electronic Marketing

Where we use your personal information to send you marketing information by e-mail, SMS, MMS or other electronic means we may do so with your express consent. You may give us your express consent by, for example, ticking a box on an electronic or paper form where we seek your permission to send you electronic or other marketing information.
All of our electronic marketing activities will comply with the requirements of the Spam Act 2003 (Cth).

Telemarketing

The MyMobile Group usually does not engage in telemarketing activities to our consumer customers. Generally, such marketing is ever only used in relation to our business customers. Should any consumer telemarketing be done or authorised by The MyMobile Group, will to the extent that it applies, comply with the:

• Do Not Call Register Act 2006 (Cth);

• Do Not Call Register (Consequential Amendments) Act 2006 (Cth);
• Telecommunications (Do Not Call Register) (Telemarketing and Research Calls) Industry Standard 2007

Fraud Prevention

Due to the high incidence of credit card fraud, The MyMobile Group may choose, at its own discretion, to perform checks to confirm the authenticity of any payments made by credit card. These checks may include requests for proof of ID, proof of Billing/Shipping Address or verification of a small refundable mystery debit (between $0.01 and $1.00) to your card.

If you have selected to make payment by Secure Credit Card (via eWay) and do not agree to The MyMobile Group performing any of these checks, then please change your payment method to either Direct Deposit or Paypal as your order will be processed and shipped more promptly. Orders paid by credit card may take up to 3 business days to process before shipping.

Network Unlocked Devices (Note *2)

All Mobile Phone Handsets are supplied unlocked from any Network, unless othewise specified. Phones that were originally locked to a network but have been unlocked since then, should be able to accept any other network's SIM card, but may have some network branding remaining in the software, as well as some apps associated with that network that cannot be removed. (Note *2).