These terms and conditions are made on behalf of Character Innovations Pty Ltd (ACN 131525150) T/A Just Smart Devices. All references to Just Smart Devices ”we”, "our" or “us” in these terms and conditions refers to Character Innovations Pty Ltd. The purchase of goods or services from Just Smart Devices is subject to the following terms and conditions. By purchasing or receiving goods or services from Just Smart Devices, you accept the following terms and conditions:
Quotations
Any verbal or written quote given by Just Smart Devices is given based on the limited information given by you the customer and is valid for 7 days from the date that it is issued. A verbal quote is intended to give the customer an estimate of the price of goods or services and is not an assurance the product or service will be sold at that price. Just Smart Devices will attempt to inform customers of all possible price options prior to commencement based on the information provided by the customer. Any piece of advertising material stating a fixed price for a product or service is valid only for the period stated on the advertising material or on the date of publication and may or may not be honoured at the discretion of Just Smart Devices. All pricing includes GST where applicable at the relevant rate.
Warranty
Just Smart Devices warranty policy includes, and does not seek to exclude or limit, the rights you have under the Australian Consumer Law (if you are a consumer) and other relevant laws. Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Your rights under the Australian Consumer Law are not limited by a defined time. However, the Australian Consumer Law does recognise that the relevant time period for which a remedy may be available can vary from product to product, depending on factors such as the nature of the product and the price. Just Smart Devices adopts the same approach. As you can appreciate, the type of remedy we can offer you may also vary depending on how long it takes you to return the device to us. Just Smart Devices offer 90 days warranty on all repair services, however any fault deemed to have reoccurred as a result of misuse by the customer or user, will not be covered by this warranty. Just Smart Devices will determine whether an issue has not been resolved correctly or has reoccurred as a result of misuse given on equipment that Just Smart Devices has replaced during repair. Just Smart Devices makes no warranty on data, express or implied, and Just Smart Devices disclaims any data warranty of any kind. Just Smart Devices warranty is limited to the replacement of the goods or service or a refund of the purchase price, to be determined by Just Smart Devices.
If your device develops an additional fault unrelated to the provision of the original repair no warranty will apply.
Warranty Exclusions
Devices sent without passcodes cannot be tested before or after repair and therefore no warranty is attached to the repair. Just Smart Devices cannot guarentee devices are waterproof after repair and therefore attach no warranty relating to waterproofing and/or the prevention of liquid ingression whatsoever.
Limited Liability
Under no circumstances will Just Smart Devices be liable for any direct, indirect, special, incidental, consequential or other damages resulting from any product or service purchased from Just Smart Devices beyond the value of the product or service purchased, including without limitations, any loss of revenue or profits, business interruption or loss of programs or information however caused, before, during or after service or repair even ifJust Smart Devices has been advised of the possibility of damages or loss to persons or property. Just Smart Devices liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services. Just Smart Devices reserves the right to change any specification, design, service or other information without notice. It is the customer’s responsibility to ensure that all and any data stored on the device left for repair is backed up prior to leaving said device withJust Smart Devices . This data includes but is not limited to, programming and programming files, music files, video files, photographs, contact information, personal files and all other data electronically stored on any device left for repair.Just Smart Devices shall not be liable for any claims regarding the physical functioning of the device or the condition or existence of data on storage media supplied before, during or after service. The customer is aware of the inherent risks of property damage involved in electronic equipment repair, including without limitation, risks due to destruction or damage to the machine, media, or data and inability to repair the machine or recover data, including those that may result from the negligence of Just Smart Devices, and assumes any and all known risks of injury and property damage that may results. The customer and Just Smart Devices agree that the sole and exclusive remedy for unsatisfactory work shall be at Just Smart Devices option, additional attempts by Just Smart Devices to repair the device or a refund of the amount paid by the client.
Confidentiality
Just Smart Devices agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client's equipment except to employees or agents of Just Smart Devices subject to confidentiality agreements or as required by law.
Privacy Policy
Just Smart Devices shall ensure compliance with our obligations under the Privacy Act 1988(Cth). Information submitted to Just Smart Devices by purchasing a product or service, by email, telephone, SMS or writing we will collect that information and use it for the purposes of providing information or advice about or products or services and for processing an order or instruction by you for our goods or services. Specifically, we require customer's name, address, email address, telephone number and method of payment details in order to complete an order for our goods or services. Just Smart Devices shall only disclose your personal information to third parties where the disclosure is necessary and directly related to the purpose set out above – such as a financial institution to process your order. We shall not give any customer details to third parties for promotions independent of Just Smart Devices.
Software copyright
Just Smart Devices will not be responsible to the customer or any third party for any breach of any software licence in respect of software provided to Just iStuff by the customer to be installed on the customer’s device. The customer warrants that it has a valid licence in respect of such software and shall indemnify Just Smart Devices against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of Just Smart Devices installing software at the request of the customer.
Payment
Payment for Just Smart Devices goods or services must be made by cash, credit card, direct bank transfer or via an approved third party such as PayPal. Payment must be made in full on completion of work, or at a time specified by Just Smart Devices. Payment is not deemed to have been made until cleared funds are received by Just Smart Devices. No credit terms are provided without prior approval.
Unclaimed Repairs
Under the South Australian Unclaimed Goods Act 1987 any devices not collected within 3 months of the repair date will deemed to be abandoned and will be subject to disposal or resale to recover any outstanding costs. Just Smart Devices shall have no liability to the customer or any third party as a result of this action. Just Smart Devices will not notify the customer of this action.
Shipping
Customer is responsible for all shipping costs, custom duties and taxes to and from Just Smart Devices. Just Smart Devices takes no responsibility for items mailed before they are checked and signed for. If a device is damaged in transit, any claim must be against the customer’s nominated carrier. All devices sent by Just Smart Devices via a nominated third party carrier are sent at the customers risk.
Disputes
The parties shall submit all disputes relating to this Agreement (whether contract, tort or both) to arbitration, in accordance with the rules of the Australian Institute of Arbitrators & Mediators. Either party may enforce the award of the arbitrator in a Court of competent jurisdiction. The parties understand that they are waiving their rights to a jury trial.