| 1.1www.mymobilewatch.com is the domain name of an online e-business and website owned and operated by My Mobile Watch Limited registered in Hong Kong (hereinafter referred to as "MMW"). |
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| 1.2 The trading name of My Mobile Watch s is registered in accordance with the Queensland (Australia) Business Names Act 1962 section 7(4). |
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| 1.3 A comprehensive range of quality mobile devices are advertised for sale. |
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| 1.4 Access to, and the purchase of any devices advertised for sale at MMW is subject to the provisions
contained in these terms and conditions. |
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| 1.5 MMW, may, at its sole discretion, vary or modify these terms and conditions without notice. Any subsequent access to, or use of the website will constitute an acceptance of those modifications. |
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| 1.6 All transactions conducted between MMW and its customers are done so in good faith, and in the best interests of fair trading and providing a high level of customer service. |
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| 1.7 Any issues or disputes that arise between MMW and its customer(s) will be dealt with as soon as practicable. By accepting and purchasing a product from MMW, you hereby agree in the event of a dispute, you must notify us by registered post at our registered office address clearly displayed on our website at www.mymobilewatch.com and clearly displayed on ASIC. If after 30 days we cannot resolve this dispute, both MMW and the purchaser irrevocably agree that before any legal proceedings commence, both parties, by entering into this online contract, will mediate within 60 days of the receipt of the registered letter claiming a dispute, to resolve all matters between the parties. All hearings will be conducted by ACICA (http://www.acica.org.au/). |
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| 1.8 Prices displayed on this website are suggested retail prices only and MMW reserves the right to change these retail prices without notice. |
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| 1.9 The range of mobile devices advertised for sale on www.mymobilewatch.com may also be subject to change without notice. |
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| 2.0 MMW also reserves the right to refuse to accept any purchase order from any person or entity that
is suspected of, or is found to have obtained goods or products through the fraudulent use of credit
cards or other forms of payment on the internet or elsewhere. MMW reserves all rights to refuse
delivery on the above products until acceptable 100 point delivery ID check has been verified by MMW
and adequate address checks are confirmed. MMW reserves all rights to charge storage fees up to a
maximum per day of the purchase price of goods on suspected cases of fraud and suspect delivery
addresses. By purchasing from MMW the customer(s) agreed to be irrevocably bound by this clause. |
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| 2.1 Devices ordered from MMW by customers with an Australian postal address or an international postal address (see "Shipping & Delivery and Returns & Exchanges") will be sent to the customer by Australia Post (or other postal provider as determined by MMW) once payment has been processed. |
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| 2.2 Due to delivery constraints MMW is unable to accept orders from customers who require delivery to a country which is not within MMW shipping area. |
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| 2.3 MMW and the customer(s) also accept(s) the terms and conditions set by any internet merchant banking facility in which an association is formed. |
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| 2.4 MMW and the customer(s) also accepts the terms and conditions set by any payment gateway company that enable credit card transactions over the internet. This condition applies only to the nominated company in which an agreement is established in writing. |
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| 2.5 MMW does not assume responsibility, pecuniary or otherwise, for errors made in the ordering of devices by any customer in relation to any item of device offered on its website. |
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| 2.6 MMW operates in conjunction with the laws and regulatory provisions of Australia. Any customer ordering from outside Australia does so in the knowledge that they are not contravening the laws of their own country. |
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| 2.7 MMW will not assume any liability or responsibility whatsoever should its website be accessed or
viewed in a restricted location, namely a place, country or location in which doing so would, or could be
deemed a violation of any law, regulation, rule, ordinance, edict or custom. |
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| CREDIT CARD INFORMATION |
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| 2.8 MMW do not collect any credit card details on any of the transaction for the purpose of using that information in relation to any other matter except for the purchase of content advertised for sale by MMW and selected for purchase by its customers. |
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| 2.9 Where a credit card account is established, the details that are collected by MMW include the billing address, credit card number and credit card expiry date (month and year). Tracking information also applies to purchases paid by cheques and money orders. |
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| 3.0 When any purchases made on MMW is transacted by credit card, the information collected is held
by the financial institution in which MMW has an authorised and established merchant banking facility
for the use of online credit card transactions. The customer(s) hereby acknowledges that MMW will be
charged a fee of between 2.5%- 5% dependant on the credit card used to transact and the applicable
merchant fees charged to MMW by the financial institution. In the event of any refund owing to the
customer(s) the customer irrevocably accepts a minimum of 2.5%up to a maximum of 5% will be
withheld by MMW on the original purchase price to cover the deductions made by the financial
institution for payment processing. |
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| 3.1 MMW only receives notification from the financial institution in which MMW has an authorised and established merchant banking facility for the use of online credit card transactions, whether the credit card transaction has been approved or declined. |
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| DISCLAIMERS |
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| 3.2 All information contained on MMW is given in good faith and has been prepared with all due diligence and every reasonable attempt to accurately portray devices available for purchase. |
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| 3.3 Neither MMW, nor any other company associated with MMW or any of their directors, employees and associates guarantees the security of MMW. |
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| 3.4 MMW does not give any warranty regarding the reliability or accuracy and accepts no responsibility arising in any way, including by reason of negligence for, errors in, or omissions from, the information on MMW. MMW does not accept any liability for any loss or damage, however caused, as a result of any
person relying on any information on the website or being unable to access this website. |
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| 3.5 These Terms and Conditions are governed by the law in force in the State of Queensland, Australia. |
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| 3.6 Should the customer or visitor to MMW leave this site via a link contained within this website, and view content that is not provided by a company of MMW, including content in relation to the provision
of devices: |
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| (a) The customer or user or visitor does so at their own risk. The content to which is linked will not have been produced, checked for accuracy, or otherwise reviewed by MMW; |
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| (b) MMW is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in linked sites, whether actual, alleged, consequential or otherwise; |
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| (c) MMW does not make any guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party; |
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| (d) Links to other websites are provided for convenience only and do not represent any endorsement by MMW of the items offered by the website owner and proprietor; and |
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| (e) In preparing the information contained on this website, MMW has not taken into account your
personal circumstances. Before purchasing on the basis of the information contained on this website,
you should consider whether the information in this website is appropriate to you. |
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| 3.7 This site is a business and commercial site. It is, therefore, not intended for persons under the age of
18 years. If you are under the age of 18 years, you should seek the permission of your parent, guardian
or responsible adult to access and use this site. This site is not for use by those under the age of 16
years. |
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3.8 MMW recommends that every customer should, prior to using the site, review these Terms and
Conditions to ensure that each customer has a current understanding of the Terms and Conditions. If
you do not agree with the Terms and Conditions, you must refrain from viewing or using
www.mymobilewatch.com By Purchasing from this site the customer(s) irrevocably agree to be bound by the sites terms and conditions and agrees not to bring any law suit, action, claim against MMW or any associated company of MMW without following the terms and conditions.
The customer(s) herby agree to irrevocably indemnify MMW, associated companies and Directors from any legal action arising from not complying with these terms and conditions and hereby grants MMW, associated companies and Directors full indemnity and costs for any misrepresentation claimed by the customer(s) in relation to these terms and conditions. |
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| 3.9 All material displayed on www.mymobilewatch.com are owned by My Mobile Watch Ltd.
and protected by copyright. |
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