Welcome to Mobile Fone Doctor - Mobile Phone Repairs Coffs Harbour (Park Beach Plaza)

  • Shop 9 Park Beach Plaza,
    253 Pacific Highway Coffs Harbour NSW 2450
    Located across from LOWES (next to food court).
  • Opening Time
    Mon-Wed, Fri 9.00am – 5.30pm

    Thur 9.00am – 7.30pm

    Sat 9.00am – 5.00pm

    Sun 10.00am – 3.00pm

    Call for Bank Holiday Hours
  • Mail Us
    info@mobilephonerepairscoffs.com.au

WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
1.1. Welcome to www.mobilephonerepairscoffs.com.au (the ‘ Website’). The
Website provides you with an opportunity to browse and purchase various
products that have been listed for sale through the Website (the ‘ Products’).
The Website provides this service by way of granting you access to the content
on the Website (the ‘ Purchase Services’).
1.2. The Website is operated by Mobile Fone Doctor PTY. LTD. (ABN
91161392285) . Access to and use of the Website, or any of its associated
Products or Services, is provided by Mobile Fone Doctor. Please read these
terms and conditions (the ‘ Terms’) carefully. By using, browsing and/or
reading the Website, this signifies that you have read, understood and agree to
be bound by the Terms. If you do not agree with the Terms, you must cease
usage of the Website, or any of Services, immediately.
1.3. Mobile Fone Doctor reserves the right to review and change any of the Terms
by updating this page at its sole discretion. When Mobile Fone Doctor updates
the Terms, it will use reasonable endeavours to provide you with notice of
updates to the Terms. Any changes to the Terms take immediate effect from
the date of their publication. Before you continue, we recommend you keep a
copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by
Mobile Fone Doctor in the user interface.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you must first register as a user of
the Website. As part of the registration process, or as part of your continued
use of the Purchase Services, you may be required to provide personal
information about yourself (such as identification or contact details), including:
3.2. You warrant that any information you give to Mobile Fone Doctor in the course
of completing the registration process will always be accurate, correct and up
to date.
3.3. Once you have completed the registration process, you will be a registered
member of the Website (‘ Member’) and agree to be bound by the Terms. As
a Member you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Mobile Fone
Doctor; or
(b) you are a person barred from receiving the Purchase Services under the
laws of Australia or other countries including the country in which you are
resident or from which you use the Purchase Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other
person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Mobile Fone
Doctor of any unauthorised use of your password or email address or any
breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of Mobile Fone Doctor
providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members
by electronic or other means for the purpose of sending unsolicited email
or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Purchase Services. Appropriate legal action will
be taken by Mobile Fone Doctor for any illegal or unauthorised use of the
Website; and
(h) you acknowledge and agree that any automated use of the Website or its
Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
5.1. In using the Purchase Services to purchase the Product through the Website,
you will agree to the payment of the purchase price listed on the Website for
the Product (the ‘ Purchase Price’).
5.2. Payment of the Purchase Price may be made through …… (the ‘ Payment
Gateway Provider’)
In using the Purchase Services, you warrant that you have familiarised yourself
with, and agree to be bound by, the applicable Terms and Conditions of Use,
Privacy Policy and other relevant legal documentation provided by the Payment
Gateway Providers.
5.3. Following payment of the Purchase Price being confirmed by Mobile Fone
Doctor, you will be issued with a receipt to confirm that the payment has been
received and Mobile Fone Doctor may record your purchase details for future
use.
5.4. Mobile Fone Doctor may, at their sole discretion, provide a refund on the return
of the Products within 7 days days where the Product packaging is unopened
and remains in a saleable condition. You acknowledge and agree that you are
liable for any postage and shipping costs associated with any refund pursuant
to this clause.
6. Warranty
6.1. Mobile Fone Doctor’s Products come with guarantees that cannot be excluded
under the Australian Consumer Law. You are entitled to a replacement or
refund for a major failure of the Product. You are also entitled to have the
Products repaired or replaced if the Products fail to be of acceptable quality
and the failure does not amount to a major failure (the ‘ Warranty’).
6.2. You may make a claim under this clause (the ‘ Warranty Claim’) for material
defects and workmanship in the Products within 3 months for repairs, or the
specified warranty for any accessories direct from the manufacturer. from the
date of purchase (the ‘ Warranty Period’).
6.3. In order to make a Warranty Claim during the Warranty Period, you must
provide proof of purchase to Mobile Fone Doctor showing the date of purchase
of the Products, provide a description of the Products and the price paid for the
Products by sending written notice to Mobile Fone Doctor at Shop 9 Park
Beach Plaza 253 Pacific Highway, Coffs Harbour, New South Wales, 2450 or
by email at info@mobilephonerepairscoffs.com.au.
6.4. Where the Warranty Claim is accepted then Mobile Fone Doctor will, at its sole
discretion, either repair or replace any defective Products or part thereof with a
new or remanufactured equivalent during the Warranty Period at no charge to
you for parts or labour. You acknowledge and agree that you will be solely
liable for any postage or shipping costs incurred in facilitating the Warranty
Claim.
6.5. The Warranty shall be the sole and exclusive warranty granted by Mobile Fone
Doctor and shall be the sole and exclusive remedy available to you in addition
to other rights and under a law in relation to the Products to which this warranty
relates.
6.6. All implied warranties including the warranties of merchantability and fitness for
use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor
to the additional excluded items set forth below nor to any supplied Products
where the exterior of which has been damaged or defaced, which has been
subjected to misuse, abnormal service or handling, or which has been altered
or modified in design or construction.
7. Copyright and Intellectual Property
7.1. The Website, the Purchase Services and all of the related products of Mobile
Fone Doctor are subject to copyright. The material on the Website is protected
by copyright under the laws of Australia and through international treaties.
Unless otherwise indicated, all rights (including copyright) in the site content
and compilation of the website (including text, graphics, logos, button icons,
video images, audio clips and software) (the ‘ Content’) are owned or
controlled for these purposes, and are reserved by Mobile Fone Doctor or its
contributors.
7.2. Mobile Fone Doctor retains all rights, title and interest in and to the Website
and all related content. Nothing you do on or in relation to the Website will
transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright of Mobile Fone Doctor; or
(b) the right to use or exploit a business name, trading name, domain name,
trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a system or process).
7.3. You may not, without the prior written permission of Mobile Fone Doctor and
the permission of any other relevant rights owners: broadcast, republish, upload
to a third party, transmit, post, distribute, show or play in public, adapt or
change in any way the Content or third party contact for any purpose. This
prohibition does not extend to materials on the Website, which are freely
available for re-use or are in the public domain.
8. Privacy
Mobile Fone Doctor takes your privacy seriously and any information provided through
your use of the Application and/or the Purchase Services are subject to Mobile Fone
Doctor’s Privacy Policy, which is available on the Application.
9. General Disclaimer
9.1. You acknowledge that Mobile Fone Doctor does not make any terms,
guarantees, warranties, representations or conditions whatsoever regarding
the Products other than provided for pursuant to these Terms.
9.2. Mobile Fone Doctor will make every effort to ensure a Product is accurately
depicted on the Website, however, you acknowledge that sizes, colours and
packaging may differ from what is displayed on the Website.
9.3. Nothing in these Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not be
limited or excluded.
9.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in these Terms are excluded; and
(b) Mobile Fone Doctor we will not be liable for any special, indirect or
consequential loss or damage (unless such loss or damage is reasonably
foreseeable resulting from our failure to meet an applicable Consumer
Guarantee), loss of profit or opportunity, or damage to goodwill arising out
of or in connection with the Purchase Services or these Terms (including
as a result of not being able to use the Purchase Services or the late
supply of the Purchase Services), whether at common law, under contract,
tort (including negligence), in equity, pursuant to statute or otherwise.
9.5. Use of the Website, the Purchase Services, and any of the products of Mobile
Fone Doctor is at your own risk. Everything on Website, the Purchase Services,
and the Products of Mobile Fone Doctor, are provided to you on an “as is” and
“as available” basis, without warranty or condition of any kind. None of the
affiliates, directors, officers, employees, agents, contributors, third party
content providers or licensors of Mobile Fone Doctor make any express or
implied representation or warranty about its Content or any products or
Purchase Services (including the products or Purchase Services of Mobile
Fone Doctor) referred to on the Website. This includes (but is not restricted to)
loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computer
virus or other harmful component, loss of data, communication line failure,
unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third
party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services
or any of the Products;
(d) the Content or operation in respect to links which are provided for the
User’s convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties
or publication of any materials relating to or constituting such conduct.
10. Limitation of Liability
10.1. Mobile Fone Doctor’s total liability arising out of or in connection with the
Purchase Services or these Terms, however arising, including under contract,
tort (including negligence), in equity, under statute or otherwise, will not exceed
the most recent Purchase Price paid by you under these Terms or where you
have not paid the Purchase, then the total liability of Mobile Fone Doctor is the
resupply of information or Purchase Services to you.
10.2. You expressly understand and agree that Mobile Fone Doctor, its affiliates,
employees, agents, contributors, third party content providers and licensors
shall not be liable to you for any direct, indirect, incidental, special
consequential or exemplary damages which may be incurred by you, however
caused and under any theory of liability. This shall include, but is not limited to,
any loss of profit (whether incurred directly or indirectly), any loss of goodwill or
business reputation and any other intangible loss.
10.3. Mobile Fone Doctor is not responsible or liable in any manner for any site
content (including the Content and Third Party Content) posted on the Website
or in connection with the Purchase Services, whether posted or caused by
users of the website of Mobile Fone Doctor, by third parties or by any of the
Purchase Services offered by Mobile Fone Doctor.
11. Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by Mobile
Fone Doctor as set out below.
11.2. If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to Mobile Fone Doctor via the ‘Contact
Us’ link on our homepage.
(a) notifying Mobile Fone Doctor at any time; and
(b) closing your accounts for all of the Purchase Services which you use,
where Mobile Fone Doctor has made this option available to you.
11.3. Mobile Fone Doctor may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
provision;
(b) Mobile Fone Doctor is required to do so by law;
(c) the partner with whom Mobile Fone Doctor offered the Purchase Services
to you has terminated its relationship with Mobile Fone Doctor or ceased
to offer the Purchase Services to you;
(d) Mobile Fone Doctor is transitioning to no longer providing the Purchase
Services to Users in the country in which you are resident or from which
you use the service; or
(e) the provision of the Purchase Services to you by Mobile Fone Doctor is, in
the opinion of Mobile Fone Doctor, no longer commercially viable.
11.4. Subject to local applicable laws, Mobile Fone Doctor reserves the right to
discontinue or cancel your membership to the Website at any time and may
suspend or deny, in its sole discretion, your access to all or any portion of the
Website or the Purchase Services without notice if you breach any provision of
the Terms or any applicable law or if your conduct impacts Mobile Fone
Doctor’s name or reputation or violates the rights of those of another party.
11.5. When the Terms come to an end, all of the legal rights, obligations and
liabilities that you and Mobile Fone Doctor have benefited from, been subject to
(or which have accrued over time whilst the Terms have been in force) or
which are expressed to continue indefinitely, shall be unaffected by this
cessation, and the provisions of this clause shall continue to apply to such
rights, obligations and liabilities indefinitely.
12. Indemnity
12.1. You agree to indemnify Mobile Fone Doctor, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with any Content you post through the
Website;
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so and any breach by you or your agents
of these Terms; and/or
(c) any breach of the Terms.
13. Dispute Resolution
13.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not
commence any Tribunal or Court proceedings in relation to the dispute, unless
the following clauses have been complied with (except where urgent
interlocutory relief is sought).
13.2. Notice:
A party to the Terms claiming a dispute (‘ Dispute’) has arisen under the
Terms, must give written notice to the other party detailing the nature of the
dispute, the desired outcome and the action required to settle the Dispute.
13.3. Resolution:
On receipt of that notice (‘ Notice’) by that other party, the parties to the Terms
(‘ Parties’) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the
Dispute expeditiously by negotiation or such other means upon which they
may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the ACCC or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting
the foregoing undertake to pay any amounts requested by the mediator as
a pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(d) The mediation will be held in NSW, Australia.
13.4. Confidential
All communications concerning negotiations made by the Parties arising out of
and in connection with this dispute resolution clause are confidential and to the
extent possible, must be treated as “without prejudice” negotiations for the
purpose of applicable laws of evidence.
13.5. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate
the mediation and the mediator must do so.
14. Venue and Jurisdiction
The Purchase Services offered by Mobile Fone Doctor is intended to be viewed by
residents of Australia. In the event of any dispute arising out of or in relation to the
Website, you agree that the exclusive venue for resolving any dispute shall be in the
courts of New South Wales, Australia.
15. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way relating
to the Terms and the rights created hereby shall be governed, interpreted and construed
by, under and pursuant to the laws of New South Wales, Australia, without reference to
conflict of law principles, notwithstanding mandatory rules. The validity of this governing
law clause is not contested. The Terms shall be binding to the benefit of the parties
hereto and their successors and assigns.
16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.
17. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.