ONLINE TERMS AND CONDITIONS OF SERVICE
These terms and conditions govern the relationship between WilVon Trading Trust t/as Fix My Mobile and the Customer in the provision of the Services. The Customer agrees to be bound by all terms and conditions in order to continue the booking for Services.
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- DEFINITIONS
- BER means Beyond Economical Repair, wherein a device’s estimated cost of repair exceeds its replacement value.
- Customer means the person engaging between WilVon Trading Trust t/as Fix My Mobile to provide the Services and any third party whom the Customer has expressly or impliedly authorised to act on their behalf.
- Faulty part means a part that is deemed to be faulty and/or working incorrectly as determined by Fix My Mobile, the manufacturer and its authorised service providers.
- Fix My Mobile means WilVon Trading Trust t/as Fix My Mobile.
- Personal Information means all information provided by the User to WilVon Trading Trust t/as Fix My Mobile in connection with these Terms where such information is identified as confidential at the time of its disclosure or ought to be reasonably considered confidential based on its content, nature or the manner of its disclosure, but excluding:
(a) information that enters the public domain or is disclosed to a party by a third party, other than through a breach of these Terms; and
(b) information developed independently by a party. - Services means the booking for repair services, check repair status services provided by WilVon Trading Trust t/as Fix My Mobile through the Site. This includes Services currently offered by WilVon Trading Trust t/as Fix My Mobile and any Services or products that WilVon Trading Trust t/as Fix My Mobile may choose to offer in the future.
- TAT means Turnaround Time.
- SERVICE FEES AND QUOTES
- Quotes are quoted upfront. However, Fix My Mobile reserves the right to amend or change the quote during the repair process.
- A nominal service and inspection fee of $20 for mobiles, $30 for tablets, and $50 for laptops will be charged for a rejected quote.
- Fix My Mobile will charge a and inspection fee of $20 for mobiles,$30 for tablets, and $50 for laptops that we were unable to repair successfully or alternatively the Customer may waive the payment of this service fee in lieu of handing title of the Customer’s device to Fix My Mobile.
- You may reject quotes in the event that there is a mistake or error on the promotions and specials listed on the Fix My Mobile website. We will waive the service fee in this event.
- REPAIR
- Fix My Mobile repairs phones, tablets and other mobile devices. Fix My Mobile reserves the right to refuse a request for Services or a Customer.
- The Customer acknowledges and agrees that a repair by Fix My Mobile (a third party repairer, i.e. not accredited by the Customer’s device’s manufacturer):
- may void the Customer’s device’s manufacturer’s warranty; or
- may void out of warranty service or support by the Customer’s device’s manufacturer: or
- may void waterproof warranties provided by the manufacturer.
- The Customer acknowledges and agrees that Fix My Mobile may need to use the Customer’s device and sim card to make test calls at the Customer’s expense.
- In the event that Fix My Mobile, the manufacturer or its authorised representative, or an appointed repair centre by Fix My Mobile, in their sole discretion finds that Fix My Mobile is responsible for damage, or further damage to the Customer’s device which causes the device to have other issues or become irreparable, then Fix My Mobile will either repair the damage, or issue the Customer a replacement device, or pay an amount equivalent to the market value of the device when it was brought in for repair, at its election. However, the Customer acknowledges and agrees that:
- if the device is opened or in any way tampered with after the repair has been completed (which Fix My Mobile shall decide);
- if the device suffered impact damage, liquid damage, or any other fundamental problems at the time it was brought in to Fix My Mobile for repair;
(a) if Fix My Mobile is unable to repair the fault on the device and a further fault related to the original fault surfaces;
(b) if the device was disassembled at the time it was brought in to Fix My Mobile for repair; or
(c) if the Customer provided the parts to be used for the device at the time it was brought in to Fix My Mobile for repair,
then Fix My Mobile will not be liable for any damage to or malfunctioning of the device. - The Customer acknowledges and agrees that the Customer’s device may have other additional faults than those first diagnosed. We are not responsible for a device which, upon examination has further faults and/or damage which results in the device subsequently not operating at all or not operating in the manner in which it did prior to Fix My Mobile examining it.
- TAT provided is an estimate only. Fix My Mobile will not be liable for any loss or damage for any reasonable delays in the TAT. Any changes to the TAT will be relayed to the Customer. The TAT may be longer than expected depending on various factors, including but not exclusive to the complexity of the faults, availability of parts, or damage during the repair process. TAT for any rework or warranty claims may take longer than standard repair TAT.
- Parts may be faulty, incorrect or out of stock. In the event that Fix My Mobile needs to order in new parts for the Customer’s repair, Fix My Mobile will advise the Customer and provide the Customer with a new TAT for the completion of the repair. The Customer is not automatically entitled to a discount when this occurs.
- Parts for devices presented for repair may be replaced with new or refurbished parts of the same type rather than being repaired. All cosmetic or visible parts used in the repair are new when purchased from the manufacturer or its authorised representatives. From time to time, depending on availability, refurbished parts may be used to repair the Customer’s device. For all cosmetic or visible parts that require replacement, Fix My Mobile will not seek the Customer’s approval prior to using the refurbished parts unless the refurbished parts looks visibly refurbished.
- Fix My Mobile may give discounts on orders on a case by case basis.
- LOAN EQUIPMENT
- Fix My Mobile may, at its sole discretion, provide the Customer with loan equipment to use whilst the Customer’s device is being repaired, free of charge.
- Fix My Mobile makes no guarantees that any loan equipment are identical to or similar to the Customer’s device or that they are available at any time.
- In the event that the Customer lose and not return or damage or in any way materially alter the loan equipment while it is in the Customer’s possession, Fix my Mobile will charge the Customer a surcharge for its replacement.
- DEFINITIONS
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- DATA LOSS
- While Fix My Mobile will take reasonable precautions during the repair process, we are not responsible or liable for any loss of data, photos, videos, device settings or any other specific user aspects from the Customer’s device. We recommend that the Customer back up the Customer’s device prior to handing it over to us for repair.
- Fix My Mobile will not back up the Customer’s device unless specifically requested by the Customer and this is recorded on the prima facie Fix My Mobile receipt prior to the start of the repair process.
- Fix My Mobile will attempt to back up the Customer’s data during the repair process if we believe there is a higher risk for loss of data during the repair process.
- If the Customer requests Fix My Mobile to back up their data or other aspect of their device, the Customer acknowledges and agrees that Fix My Mobile does not and cannot guarantee that the data etc. will be backed up accurately or at all. Customer is responsible for all data before and after the repair of device whether or not it has instructed Fix My Mobile to back up the device.
- DATA LOSS
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- PRIVACY
- Fix My Mobile will ensure that any personal information disclosed to us for the whole repair process will be kept confidential. We will not distribute the Customer’s personal information to third parties unless it is in accordance with the repair requirements.
- During the repair process we may require access to the Customer’s personal information/application to complete the repair.
- By submitting the Customer’s device for repair, the Customer acknowledges and consents to the Customer’s email address being included in the Fix My Mobile mailing list. Fix My Mobile sends out commercial electronic messages to its mailing list for promotional purposes or to update the Customer on any changes in its services and policies. The Customer is able to unsubscribe to the Fix My Mobile mailing list at any time.
- Fix My Mobile may divulge the Customer’s personal information if criminal activity is involved or if requested by law enforcement.
- PRIVACY
- WARRANTY
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- For orders made before 1 August 2014, Fix My Mobile provides:
(a) 180-day warranty on labour and genuine parts used to repair the device; or
(b) 90-day warranty on labour and non-genuine parts used to repair the device. - Subject to clause 7.3, for orders made after 1 August 2014, Fix My Mobile provides:
(a) a lifetime warranty on any new or refurbished parts used to repair the device (labour excluded) subject to clause 7.5(a) and 7.5(b); or
(b) 90-day warranty on labour; or
(c) 90-day warranty on accessories and batteries.
For example: if the Customer notify Fix My Mobile within 90 days of an issue with the Customer’s device relating to parts used to repair it, Fix My Mobile will repair the device at no cost to the Customer for both the parts and labour. However, if the Customer notifies Fix My Mobile after 90 days of an issue with the Customer’s device relating to parts used to repair it, Fix My Mobile will repair the device with no cost to the Customer for the parts but labour will be charged at the Customer’s cost. A minimum charge of 30 minutes of labour is charged for all notifications outside the warranty under clause 7.2(b). - The following warranties apply for:
(a) devices with a liquid damage history, Fix My Mobile only provides a 30-day warranty on labour and parts used to repair the device;
(b) devices that were previously repaired by another repairer, third parties, or the manufacturer, Fix My Mobile only provides a 90-day warranty on labour and parts;
(c) devices that are repaired using parts provided by the Customer, Fix My Mobile provides no warranty on labour and parts;
(d) devices that, in Fix My Mobile’s sole discretion, are in bad condition, then Fix My Mobile has the option to provide no warranty on labour and parts. In this case, the Customer will be notified by Fix My Mobile first prior to going ahead with the repair. - Both the warranties contained in 7.1 and 7.2 do not include any warranties or guarantees that the Customer’s device will continue to function for an indefinite period of time. Fix My Mobile can only provide warranties for the services it has provided the Customer. There may be other issues that contribute to the functioning of the Customer’s device, including but not exclusive to fair wear and tear, age, and environmental factors.
- The Customer acknowledges and agrees that the lifetime warranty for parts under clause 7.2(a) cannot be provided if:
(a) Fix My Mobile is unable to source the parts required for the Customer’s device due to no availability of reliable parts; or
(b) in Fix My Mobile’s sole discretion, the Customer’s device cannot be repaired, in which case the installation of new or refurbished parts would be futile. - The Customer acknowledges and agrees that the lifetime warranty under clause 7.2(a) does not cover refunds. Fix My Mobile will only repair or replace the parts used in the repair of the device.
- Fix My Mobile sources parts from manufacturers, their authorised representatives or third party wholesalers. Fix My Mobile can only guarantee that parts sourced from the manufacturers and their authorised representatives as genuine. However, Fix My Mobile cannot and does not provide any guarantee regarding the genuineness of parts sourced from third party wholesalers or original parts assembled and sold by third party wholesalers and as such, Fix My Mobile will not be liable for any loss or damage arising thereof. The Customer is responsible for querying Fix My Mobile in person for the types of parts to be used in the repair of the Customer’s device prior to booking.
- If the Customer requires rework of the device due to faulty parts or the Customer are not happy with the result of the repair, Fix My Mobile may rework on the Customer’s phone as soon as possible. Fix My Mobile cannot place the rework as priority due to the queue of orders, availability of parts or the complexity of rework.
- The Customer acknowledges and agrees that warranty will be void if:
(a) the device is subject to physical damage or liquid damage after repair; or
(b) the device is opened by any third party (excluding any Fix My Mobile authorised repair centres or the manufacturer) or the Customer after repair; or
(c) there is physical damage to the parts after repair; or
(d) the parts are damaged by any third party or the Customer after repair not related to the original fault and or the parts replaced. - A replacement part supplied by Fix My Mobile during the warranty period shall be covered by the warranty for the unexpired portion of the warranty period which covered the labour and genuine or non-genuine parts used to repair the device.
- For orders made before 1 August 2014, Fix My Mobile provides:
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- NON-STANDARD REPAIR WARRANTY
- The Customer may request Fix My Mobile and Fix My Mobile may accept a Customer’s request to undertake non-standard repairs. If so, the following terms and conditions apply.
- Liquid damage repair
(a) The Customer acknowledges and agrees that Fix My Mobile and the Customer’s device manufacturer do not recommend repairs on liquid damaged devices.
(b) If the Customer requests Fix My Mobile to undertake liquid damage repairs on a device, the Customer acknowledges and agrees that Fix My Mobile is not responsible for any damage or problems, whether or not connected to the liquid damage, that may present during or after the liquid damage repairs.
(c) The Customer acknowledges and agrees that the device’s manufacturer warranty has been voided either by liquid damage and or repair by Fix My Mobile.
(d) Fix My Mobile will charge an inspection fee of $49 for devices Fix My Mobile was unable to repair successfully.
(e) Fix My Mobile offers a 30-day warranty on liquid damage repairs. If the Customer returns the device within this period, Fix My Mobile may assess the device and offer:
(i) a refund of the repair price paid to Fix My Mobile less a $49 liquid damage service fee; or
(ii) a full refund subject to the Customer forfeiting the device to Fix My Mobile. - Glass only repairs
(a) The Customer acknowledges and agrees that Fix My Mobile and your device manufacturer do not recommend glass only repairs on screens with glass, digitiser, and LCD attached together with clear adhesives (fused screens).
(b) If the Customer requests Fix My Mobile to undertake glass only repairs on a device with a fused screen, the Customer acknowledges and agrees that Fix My Mobile is not responsible for any damage or problems, whether or not connected to the fused screen, that may present after the glass only repairs.
(c) The Customer acknowledges and agrees that by requesting and allowing Fix My Mobile to undertake glass only repairs on the device with a fused screen, the Customer void’s the device’s manufacturer warranty.
(d) Fix My Mobile cannot guarantee that parts used in the glass only repair will be genuine. The Customer agrees that if glass for the device is not available, Fix My Mobile may remove the assembly and replace it with a similar assembly. The old assembly is forfeited to Fix My Mobile and will be used in other repairs.
(e) The Customer further acknowledges and agrees that there may be visible imperfections after the glass only repairs, including but not exclusive to lifting or damage caused by lifting, scratches on the frame, bezel or LCD, small dust particles under the glass, or glue residue.
(f) Fix My Mobile does not provide any warranty on lifting or damage caused by lifting.
(f) Fix My Mobile offers a 30-day warranty on glass only repairs restricted only to the functioning of LCD, Touch Screen / Digitiser, and the buttons.
If the Customer returns the device within this period, Fix My Mobile may assess the device and offer:
(i) a refund of the repair price paid to Fix My Mobile less a nominal service fee in accordance with clause 2.3; or
(ii) a full refund subject to the Customer forfeiting the device to Fix My Mobile.
- UNCLAIMED GOODS
- Fix My Mobile will, subject to payment of all monies owing to it under these Terms, hand over the device to any person who delivers a prima facie Fix My Mobile receipt of device. Fix My Mobile is not obligated to determine the bona fides of the person claiming title of the device when a person delivers over a prima facie Fix My Mobile receipt of device and in no way shall Fix My Mobile be liable in any way to the Customer where the device is handed to a third party who is in fact not entitled to the device but for the fact of claiming title of the device through the presentation of the receipt.
- Where a Customer loses a receipt of device, Fix My Mobile may at its discretion establish the Customers title to the device in any reasonable manner it deems fit. If, in its reasonable opinion, Fix My Mobile establishes title to a device in this manner, Fix My Mobile shall in no way be liable to the Customer where it is subsequently determined that Fix My Mobile has been a party to fraud or other method of identification theft.
- Where a Customer wishes to have a third party pick up a device, Fix My Mobile may at its discretion establish the third party’s identification to ensure that it may pick up the device on behalf of the Customer in any reasonable manner it deems fit. If, in its reasonable opinion, Fix My Mobile establishes the identification of the third party who is to pick up the device for a Customer in this manner, Fix My Mobile shall in no way be liable to the Customer where it is subsequently determined that Fix My Mobile has been a party to fraud or other method of identification theft.
- The Customer acknowledges and agrees that the Customer forfeit the Customer’s device to Fix My Mobile and Fix My Mobile has the right to recycle the Customer’s device within 30 days if;
(a) the contact details the Customer provide Fix My Mobile are not correct; or
(b) after the completion of the repair and advice of repair cost, no payment or arrangement for the collection of the device and payment of Fix My Mobile’s fees has been received; or
(c) after Fix My Mobile has provided a quote and no response has been received; or
(d) after Fix My Mobile has advised the Customer that the device is BER and no payment or arrangement for the collection of the device and payment of Fix My Mobile’s fees has been received. - If the Customer fail to contact Fix My Mobile after Fix My Mobile have attempted to contact the Customer within this 30-day period, the Customer’s conduct will constitute consent to forfeit the Customer’s device to Fix My Mobile in lieu of payment.
- LIMITATION OF LIABILITY
- The Customer agrees that we shall not be liable for any damage of any kind whatsoever suffered as a result with the subject of these Terms. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss or interruption of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
- Without limiting the foregoing, in no event will Fix My Mobile’s aggregate liability to the Customer exceed, in total, the market value of the device when it is brought in for repair.
- The Customer acknowledges and agrees that the scope of service Fix My Mobile extends only to the repair of devices. Fix My Mobile disclaims any and all liability for any damage of any kind whatsoever suffered as a result of any third party software or application installation or operation of third party software or application. All claims relating to third party software must be made under the relevant third party software end user licence agreements.
- ENTIRE AGREEMENT
- These Terms, and the documents expressly referred to in them, constitute the entire agreement between the Customer and WilVon Trading Trust t/as Fix My Mobile, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between the Parties relating to the Services.
- The Parties each acknowledge that, in entering into these Terms, neither of the Parties relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
- GOVERNING LAW AND JURISDICTION
- These Terms are governed by the laws of the State of Queensland, Australia and each party submits to the jurisdiction of the courts of the State of Queensland, Australia.
Website Terms and Conditions of Use
Please note that by visiting and/or using this site (including reproducing any information, etc.) you have agreed to these Terms and Conditions of Use. If you do not agree to our Terms and Conditions of Use enter a new URL and leave this Site.
Protection of Information
Fix My Mobile will not be responsible for any loss and damage whatsoever caused through the use of the Fix My Mobile web site.
Privacy
We want you to feel secure in the knowledge that we take all the steps necessary to protect your confidentiality. Please read this Privacy Statement so that you understand what kind of information we gather from our site and the specific steps we take to protect your personal information once we have stored it. From time to time and in line with customer expectations and legislative changes, our privacy policies and procedures will be reviewed and, if appropriate, updated.
Your Information
At Fix My Mobile, we understand and share our customers’ concerns about how personal information is collected, used and shared. We want to assure you that we will always handle your personal information securely and carefully.
We are committed to safeguarding your information; this means that, among other things, we will comply with all applicable Australian privacy laws and make our staff aware of their obligations in safeguarding your information.
Why we collect information
We may collect information to deliver products or services to you, to complete other transactions with you or on your behalf and/or to better understand your requirements and preferences.
This information enables us to personalise and improve our service and in particular to provide offers that are of greater interest or benefit to you.
How we collect this information
When you place an order and/or register your details with us, we store that information for future reference. This saves you time when you place another service request or shop with us again as you don’t have to re-enter your details.
Sometimes we may add to your personal information, information gathered from external sources. This is mainly done to verify the accuracy of the information we have and, again, to personalise and improve our service.
What we collect
The personal information we collect is in most cases supplied by you when you register your details when placing a service request, place an order or provide feedback to us. Generally, the information we collect includes your name, business name, address, delivery address, phone numbers, email address etc. If you place a service request we also request and gather information that relates to your service request.
Sharing Information
Who we may share your information with?
We will often need to pass personal details such as your name, business name, address and contact number to companies who perform parts of our service delivery. This includes organisations such as the manufacturer(s) of the item/s that you claim, major delivery companies, mail houses and third party fulfilment contractors.
In special circumstances, for example if we sell our business or a substantial part of our business, your information may be transferred as part of that sale. We will not use your information for purposes unrelated to the services we provide, unless we first obtain your consent.
From time to time, we may provide aggregated information where it is not possible to identify an individual and to other business partners for various purposes.
If you would like to access your personal information, please e-mail your request via Contact Us on our site.
Security
We will take all reasonable steps to store your personal information securely. In particular, we want you to feel confident in dealing with us on the Internet. For many of our customers we realise this is an unfamiliar way of buying products and services.
Only specific employees have access to our customers’ personal information, and only under strict controls and procedures.
Our e-commerce sites use a process called Secure Sockets Layer (SSL) technology. SSL locks all critical information passed from you to us, such as payment information, in an encrypted envelope, making it extremely difficult for this information to be intercepted.
About Cookies… and how they work
When you interact with us on the Internet our system may automatically send you a cookie.
A cookie is a small amount of information sent from a web server to your computer. This information does not personally identify you, but it does tell us that your computer has visited our site and what areas of the site have been browsed.
However, we do not know your personal identity, unless you have previously registered with us.
Links to other web sites
Fix My Mobile provides links to websites outside of the Fix My Mobile site. These linked sites are not under the control of Fix My Mobile and Fix My Mobile is not responsible for the privacy practices of sites that are linked to this site via hyperlinks, banner advertising or otherwise. Please take care at all times to check whose site you are visiting.
For your convenience, the Fix My Mobile web site may include links to site on the Internet which are owned, published and maintained by third parties. Please note that such linked sites are not under our control, and therefore Fix My Mobile cannot assume any responsibility for the content of such linked sites. Links to the Fix My Mobile web site are prohibited without the consent of Fix My Mobile.