These are the Terms on which you use the Samsung Trade-Up diagnostic application (Application) and https://reuserecycle-samsung-au.brightstar.com/is-bin/INTERSHOP.enfinity/WFS/BrightstarAU-AUSMGCON-Site (Site) to trade-in your mobile phone and/or tablets (Products) in order to generate a Trade ID which will facilitate Brightstar’s purchase of your Product in exchange for a discount to be applied towards your purchase of a new device from Samsung via the Samsung website https://www.samsung.com/au/tradeup/ (Samsung Online).
These Terms will apply to any contract between Brightstar and you for the trade in of Products by you (Contract). Please read these Terms carefully and make sure that you understand them, before trading-in any Products. Please note that before trading-in a Product by completing a transaction in the Application you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to trade-in any Products.
We amend these Terms from time to time as set out in clause 5. Every time you wish to trade-in Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms were most recently updated on 20/02/2019.
These Terms, and any Contract between us, are only in the English language.
|1.1.||We make the Application and the Site available to those Samsung customers who wish to trade-in their Products for a discount to be applied to the purchase of new Samsung devices from the Site.|
|1.2.||Whilst the trade-in process includes the trade-in of Samsung Products, the Application and the Site are provided by us as an independent third party. Samsung and its affiliates and subsidiaries (collectively Samsung) are not party to the Contract between you and us and you shall have no right of action against Samsung for any breach of a Contract in relation to the trade-in of your Products, or the Application.|
|1.3.||Samsung hereby disclaims and excludes any and all warranties of any kind, express or implied in relation to the Application, the Site, and the trade-in process. By using the Application, and the Site, you release Samsung and its respective directors, employees and agents from any disputes, claims, demands, and/or damages (actual or consequential) of every kind, whether known or unknown, arising out of, or relating to, your use of the Application, the Site, and our services, including, without limitation, incomplete or completed trade-in transactions and any claims or disputes between you and Brightstar.|
|1.4.||Whilst the trade-in process relies upon your purchase of a new Samsung device from Samsung Online, Samsung Online and your new device are provided by Samsung independently of us. We are not party to the purchase of the device and the sale of the new device from Samsung to you, and you will have no right of action against us (including but not limited to breach of contract, consumer law, or other statutory rights) in relation to your purchase, or Samsung Online.|
|1.5.||We hereby disclaim and exclude any and all warranties of any kind, express or implies, in relation to your purchase of a new device from Samsung, and Samsung Online. By using Samsung Online you release Brightstar and its respective directors, employees and agents from any disputes, claims, demands, and/or damages (actual or consequential) of every kind, whether known or unknown, arising out of, or relating to, your use of the Samsung Online, and your new device, including, without limitation, breach of contract, consumer law, any statutory rights you may have against Samsung, and any claims or disputes between you and Samsung.|
In order to complete the trade-in process:
|2.1.||You must be:
|2.2.||Your Product must not have a blocked IMEI, or Activation Lock.|
|2.3.||You must utilize the Application to:
|2.4.||You must ulitize the Site to:
|2.5.||You must utilize Samsung Online to:
|2.6.||You must send your Product to us using the packaging materials we deliver to you. If you do not send your Product to us, Samsung may take steps to recover the amount applied as a discount to the purchase of your new Samsung device from you.|
|3.1.||You warrant that you will accurately describe the condition of your Products so that we are able to provide an accurate Quote.|
|3.2.||Whilst you are not obliged to accept the Quote we provide to you, you are not able to dispute or vary the Quote, and you may not proceed with the trade-in process if you do not accept the Quote.|
|3.3.||The Quote will be valid for the Quote Period.|
|3.4.||We will accept accessories with your Product such as chargers and headsets but these do not increase the Quote.|
|4.1.||You must own all rights in any Product before entering the details of that Product into the Application.|
|4.2.||By submitting the details of a Product into the Application you declare that you are the true and rightful owner of, and have good title to, the enclosed Product(s) and as such, you confirm that you are legally authorized to sell or dispose of the Product(s) at your own discretion.|
|4.3.||Title and risk in the Product shall pass to us upon the completion of the transaction through Samsung Online in which you apply the amount of the Quote as a discount towards the purchase of your new Samsung device from Samsung, at which point you disclaim any further right, title or interest in and to the Product or any items contained therein.|
|4.4.||For each Product that you send to us you must ensure that:
|4.5.||Products cannot be returned to you after we receive Title to the Product.|
|4.6.||Additional accessories that have been sent in with your Product which have not been requested by us cannot be returned to you.|
|5.1.||We may update the Application, the Site, and these Terms from time to time and may change their content at any time. The content of the Application or the Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Application, the Site or their content, will be free from errors or omissions and we make no representations, warranties or guarantees, whether express or implied, that the content in the Application or Site is accurate, complete or up-to-date.|
|5.2.||The Application and the Site are made available to you free of charge. We do not guarantee that the Application, the Site, or their content, will always be available or be uninterrupted. Access to the Application is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Application without notice. We will not be liable to you if for any reason the Application is unavailable at any time or for any period.|
|5.3.||You are responsible for making all arrangements necessary for you to have access to the Application.|
|5.4.||If you choose, or you are provided with, a Trade ID, user identification code, password or any other piece of information when using the Application, the Site, or completing the trade-in process, you must treat such information as confidential. You must not disclose it to any third party. We will not be responsible or liable in any way in the event you suffer any loss or damage following any unauthorized use or misuse of your Trade ID or password.|
|5.5.||We have the right to disable the Trade ID, the user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.|
|5.6.||The content in the Application and the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of the Application or the Site.|
|5.7.||We do not guarantee that the Application or the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the Application or the Site. You should use your own virus protection software.|
|5.8.||When using the Application and the Site, you agree that you will use them only for lawful purposes.|
|5.9.||Specifically, you may not use the Application or the Site:
|5.10.||You also agree not to:
|5.11.||A breach of section 5.10.c) may result in you committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.|
|5.12.||Where the Application or the Site contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party website does not constitute an endorsement by us of or any affiliation between us and that third party or the products or services that they offer. You acknowledge and agree that we are not responsible or liable (including for any loss or damage you suffer or incur as a consequence of your reliance on or purchase of) the content, advertising, products, services, or other materials on or available from such sites.|
|6.2.||It is your responsibility to:
|6.3.||By sending your Product to us, you agree to release us from all claims, losses or damages with respect to the SIM, Data or Product. We accept no responsibility in relation to the security, protection, confidentiality or use of such Data or the SIM.|
|6.4.||It will not be possible for you to obtain any Data or other content from the Product, whether stored on the Product or memory card, once it has been sent in to us.|
|6.5.||You agree that you have the sole responsibility to keep a separate backup copy of any Data before sending your Product to us; and that you have taken all reasonable steps to eliminate and delete Data that is deemed personal or confidential. Data recovery is not a part of the trade-in, Samsung Trade-Up Online and we and Samsung accept no responsibility or liability for any lost Data.|
|7.1.||Completing the trade-in process, by your use of the Application and the Site to generate a Trade ID, you warrant that:
|7.2.||Your statutory rights as a consumer are not affected by this contract.|
|8.1.||In the case we are notified or suspect that the Product is either lost or stolen, we may request further proof of ownership of the Product. Additional proof of ownership may include, but is not limited to, receipts, tax invoices or carrier receipts. In the event that there is insufficient proof of ownership, the Product may be returned to you, or to the relevant authorities.|
|8.2.||We work with a number of agencies and service providers to enable us to check the IMEI of all Products that are sent to us to confirm that they are not stolen. We may do this prior to confirming purchase. However, in the event that we become aware of any issues at any time, we reserve the right to withhold/cancel payment and you agree to co-operate with us and any authorities should we make such a request. 8.3. We will make no payments to customers for Products received which are either lost, stolen or Fake.|
|8.3.||We will make no payments to customers for Products received which are either lost, stolen or Fake.|
|8.4.||We reserve the right to inform the relevant authorities if there is any suspicion that there is a deliberate attempt to perpetrate a fraud. We reserve the right to reclaim any money paid to you if it is discovered within three months of the return of that Product that the Product has either been reported as a lost, stolen or the Product is discovered to be a Fake.|
|9.1.||Using the Application to accept a Quote and generate a Trade ID constitutes an offer by you to sell the relevant Product to us for an amount equal to the Quote.|
|9.2.||Using the Application to generate a Quote and Trade ID does not constitute an offer by us to sell or purchase any goods or services.|
|9.3.||Using the Application to generate a Quote and Trade ID does not constitute an offer by us to sell or purchase any goods or services.
|10.1.||We are a registered Second-Hand Dealer (Registration No. 2PS12534). As part of our licence to operate with New South Wales Department of Fair Trading, we are required by law to obtain proof of identity from every person attempting to sell goods to us. The required copies of proof of identity are detailed in the sales process and also defined below in clause 10.2. In addition to the proof of identity requirement, we are required to submit the international mobile equipment identity number (IMEI) of every Product we purchase to a police data system that checks for reported lost or stolen property. The proof of identity requirement is part of our licence requirement and is solely used for the purpose of helping police track down criminals.|
|10.2.||You must provide two proof of identity items that together show each of your full name, photograph, current address, date of birth and your signature. Such two items may contain the following forms:|
|10.4.||The provision of the proof of identity is material condition of our Contract with you. If you do not provide the necessary proof of identity documents within 7 days of the date we send you confirmation email of successful placement of your trade-in order, we reserve the right to withhold payment for your Product and/or contact the police about the relevant transaction.|
|11.1.||If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.|
|11.2.||We do not in any way exclude or limit our liability for:
|11.3.||Subject to clauses 11.1, and 11.2, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.|
|12.1.||The trade up program, the Application and the Site are provided for lawful purposes only, and you agree to indemnify us from and against any claims brought against us arising from performing our obligations under a Contract or for any breach of these Terms by you.|
|13.1.||We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control (as such phrase is defined in clause 13.2).|
|13.2.||An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.|
|13.3.||If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
|13.4.||You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return any monies you have already received and we will return any Products relating to such monies.|
|14.1.||When we refer, in these Terms, to "in writing", this will include e-mail.|
|14.2.||You may contact us by telephoning our customer service team at 02 8784 2558 or by e-mailing us at SamsungTradeUp.AU@Brightstar.com. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.|
|14.3.||The provisions of this clause 14 shall not apply to the service of any proceedings or other documents in any legal action.|
|15.1.||We are the owner or the licensee of all intellectual property rights in the Application and the Site, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.|
|15.2.||Our status (and that of any identified contributors) as the authors of content on the Application and the Site must always be acknowledged.|
|15.3.||You must not use any part of the content on the Application or the Site for commercial purposes without obtaining a licence to do so from us or our licensors.|
|15.4.||If you modify, copy or download any part of the Application or Site in breach of these Terms, your right to use the Application and the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.|
|16.1.||We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.|
|16.2.||Every time you trade-in Products via the Application and the Site, the Terms in force at the time of your trade-in will apply to the Contract between you and us.|
|16.3.||We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
|16.4.||If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel in respect of all of the affected Products. If you opt to cancel, you will have to return any monies (or other consideration) you have already received.|
|17.1.||We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.|
|17.2.||You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.|
|17.3.||This Contract is between you and us. No other person shall have any rights to enforce any of its terms.|
|17.4.||Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.|
|17.5.||If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.|
|17.6.||These Terms are governed by the laws of New South Wales, Australia. This means a Contract for the trade-in of Products through the Application and any dispute or claim arising out of or in connection with it will be governed by the laws of New South Wales, Australia.|
|17.7.||We and you both irrevocably agree that the courts of New South Wales, Australia and courts of appeal from them shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).|
|18.1.||In these Terms, the following words have the following meaning, unless the context otherwise indicates:
Brightstar may collect the following types of Personal Information: the customer’s name, email address, mail address, user name and password and any faxes or mail sent to us and the IMEI numbers of any mobile device used in any transaction with Brightstar, and other information that clients may provide in their course of communication with Brightstar.
This Personal Information can sometimes include identification information to comply with relevant second hand trading legislation and your rights or title to sell goods to Brightstar in addition to financial information pertaining to the financial processing of a transaction.
We may also use 'cookies' which will collect information about you such as your IP address and how you have used our website - this is discussed further below (see 2.7 below).
This policy has been drafted having regard to Brightstar's obligations under the Privacy Act 1988 (including the Australian Privacy Principles) as that Act or those principles may be updated from time to time (the Privacy Act).
Capitalised are defined in the Glossary at the end of this Policy.
|1.2||Brightstar collects Personal Information primarily to supply customers with the services it or its related companies have contracted to supply to that customer, and/or to purchase goods from, or sell goods to, its customers. But Brightstar also collects and uses Personal Information for secondary purposes including:|
|1.3||Brightstar will take reasonable steps to notify you of the matters listed below at the point in time where we are collecting any Personal Information from you:|
|1.4||Brightstar will not collect Sensitive Information from individuals except with consent and only where it is necessary for Brightstar to collect such information for an activity or function.|
|2.1||Brightstar Uses Personal Information primarily to supply customers with the services it or its related companies have contracted to supply to that customer, and/or to purchase goods from or sell goods to its customers as noted in 1.2 above.|
|2.3||Regardless, Brightstar will only use or disclose Personal Information about you:|
|2.4||With your consent, Brightstar may also use your personal information to send you Direct Marketing to notify you of special offers or promotions or ask you to participate in customer surveys or to provide information about our goods or services. If you do not wish to receive such communications from us, you may elect to Opt Out (see glossary) from further Direct Marketing by selecting the "UNSUBSCRIBE" or "OPT OUT" option in the Direct Marketing communication or sending us an email at email@example.com or SMS response to any SMS communications, asking that you be removed from our Direct Marketing list. If an individual Opts Out of all Direct Marketing the Opt Out will be respected by Brightstar and all its Related Bodies Corporate and we will no longer use your Personal Information for Direct Marketing.|
|2.5||Brightstar will not, if collected, use Sensitive Information for Direct Marketing.|
|2.6||Brightstar will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.|
|2.7||When you come to a Brightstar website, our server attaches a small text file to your hard drive — a cookie. A “cookie” assigns you a unique identifier so that we can recognise you each time you re-enter the website, so we can recall where you’ve previously been on our site, and which keeps track of the pages you view on the website. Cookies help us deliver a better website experience to our users.|
This information collected by using a cookie is sometimes called “clickstream.” We use this information to understand how our users navigate our websites, and to determine common traffic patterns, including what site the user came from. We may use this information to make site navigation and product recommendations, and to help redesign our Site in order to make your experience on our Site more efficient and enjoyable. We may also use this information to better personalize the content, banner ads, and promotions that you and other users will see.
You also have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies you will be unable to use those services or engage in activities that require the placement of cookies. Certain aspects of the Site may not function properly if you set your browser to reject all cookies.
|3.1||Brightstar may Disclose Personal Information to related or unrelated third parties if you have consented to that Disclosure.|
|3.2||Brightstar may Disclose Personal Information between Related Bodies Corporate. Where information is Disclosed to such a Related Body Corporate, that Related Body Corporate is bound by the original Primary Purpose for which the information was collected.|
|3.3||We also use service providers to help us maximise the quality and efficiency of our services and our business operations. This means individuals and organisations outside of Brightstar, such as mail houses, information technology service providers, website hosts and back-up service providers, will sometimes have access to Personal Information held by Brightstar and may use it on behalf of Brightstar. We ensure that our contracts with our service providers require them to adhere to strict privacy guidelines and to only Use your Personal Information for authorised purposes under the Privacy Act.|
|3.4||Brightstar may Disclose Personal Information to law enforcement agencies, government agencies, courts or external advisers where permitted or required by law.|
|3.5||Brightstar may Disclose Personal Information to avoid an imminent threat to a person's life or to public safety.|
|3.6||Except for Disclosure for a Primary Purpose or for a related Secondary Purpose or where your consent has been obtained to such Disclosure, Brightstar will not Disclose your Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.5 above.|
|4.1||Brightstar will review, on an ongoing basis, its collection and storage practices to ascertain how improvements to security and protection of Personal Information can be achieved.|
|4.2||Your Personal Information is protected when it comes into our possession regardless of whether it is in electronic or hard copy format, in accordance with the Privacy Act and industry accepted security standards which are implemented and updated in accordance with the manufacturer's or licensor's recommendations. This includes physical security at our premises and any storage electronically on servers is situated in protected and controlled facilities. Certain information you provide such as financial information, bank account or credit card information, is encrypted via SSL and remains securely encrypted while in Brightstar’s possession, until the moment when it is used to make payment and is then re-encrypted and held securely until it is no longer required for internal or regulatory purposes when it will be destroyed.|
|4.4||Brightstar will, to the extent technically practicable, destroy or de-identify Personal Information once it is no longer required by us for Use, within as short a time as is reasonably possible (taking into account any specific requirements of its clients), unless the law requires otherwise.|
|5.1||Individuals wishing to make an inquiry or complaint regarding privacy should do so by contacting the Brightstar Privacy Officer, whose contact details appear at the beginning of this document. If you make a complaint or if we become aware of any concern or problems concerning our privacy practices, we will contact you about the issue, investigate the issue, and take all reasonable steps to work with you to resolve that issue.|
|6.2||A fee may be charged for providing access however we will advise you of the likely cost in advance and will aim to supply the information within a reasonable period.|
|6.3||If your Personal Information is inaccurate, out of date, incomplete, irrelevant or misleading, you may contact us by e-mail and we will correct our records containing your Personal Information as soon as practicable unless there is a reason why we cannot amend it . If you would like your Personal Information deleted, please let us know by using the Brightstar Privacy Officer's e-mail address and we will take all reasonable steps to delete it unless we need it for legal, auditing or internal record keeping.|
|7.1||Brightstar may from time to time have access to Personal Information belonging to customers of one of its clients.|
|8.1||Brightstar will take reasonable steps to limit the amount of Personal Information it sends to unrelated parties overseas but may need to disclose your Personal information outside of Australia to our Related Body Corporates and to service providers as noted in 3.3 above. Currently, the countries to which we transfer information include Singapore, Hong Kong, Malaysia and the United States.|
Brightstar means Brightstar Logistics Pty Limited ACN 111 399 752.
Direct Marketing means the marketing of products or services through means of communication including written, verbal, physical or electronic means. The services which are marketed may be those of Brightstar or a Related Body Corporate or those of an independent third party organisation.
Disclosure generally means the release of information outside Brightstar, including under a contract to carry out an "outsourced function".
Health Information means:
that is also Personal Information; or
Opt Out means a means by which an individual can request not to receive further Direct Marketing.
Personal Information is defined in the Privacy Act but generally, means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion, including but not limited to, credit information in relation to an individual.
Primary Purpose is the dominant or fundamental reason for information being collected in a particular transaction.
Reasonable Expectation means a reasonable individual's expectation that their Personal Information might be Used or Disclosed for a particular purpose.
Related Body Corporate means that where a body corporate is:
Sensitive Information means:
Use means the handling of Personal Information within Brightstar.
Please call us at 02 8784 2558 or email us at firstname.lastname@example.org.
We are available between Monday to Friday 9am – 5pm AEST to answer any questions you might have.