Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Australia and other copyright laws, and is the property of Name: Xtreme Deals Pty Ltd. The collective work includes works that are licensed to Name: Xtreme Deals Pty Ltd. Copyright 2003, Name: Xtreme Deals Pty Ltd ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Name: Xtreme Deals Pty Ltd or purchasing from Name: Xtreme Deals Pty Ltd products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Name: Xtreme Deals Pty Ltd or to purchase Name: Xtreme Deals Pty Ltd products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Name: Xtreme Deals Pty Ltd. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Name: Xtreme Deals Pty Ltd used in the site are trademarks or registered trademarks of Name: Xtreme Deals Pty Ltd

Logos & Trademarks

Logos and Trademarks appearing on this website belong to their respective owners. Their display on this site is for information purposes only and does not indicate, explicitly or implied, of any association between Think Of Us and the logo and/or trademark owner.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Name: Xtreme Deals Pty Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Name: Xtreme Deals Pty Ltd does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Name: Xtreme Deals Pty Ltd does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Think Of Us is an independent dealer in mobile and telecommunication products. In publishing the advertisement, Think of Us does not represent that it has any authorized dealership relationships with any company including Telstra

INTERNATIONAL STOCK

International stock is under warranty with Think of Us, unless specifically stated otherwise. We service the devices through our own repair centres in Australia, saving you time, effort and money.

What are Import Direct products?

This website is now a sales channel for an international partner. Import Direct products are products supplied from internationally-based distributors and shipped directly to end customers from overseas rather than from the manufacturer’s Australian locally-licensed importer. These products are sometimes also referred to as “grey imports”. Products acquired from the manufacturer’s Australian locally-licensed importer are referred to as “locally imported” or “Australian stock” products.

Australian stock products usually come with a local warranty from the manufacturer. In comparison, Import Direct products mostly do not have a manufacturer’s warranty, but come with a voluntary warranty provided by Think of Us and the statutory protection of the Australian Consumer Law Act.

Import Direct products are not illegal, inferior, factory seconds or demo stock. In fact, in almost every instance they are identical in form and function to their Australian stock counterpart. But please be aware that as stock is sourced from around the globe, it is not uncommon for packaging seals to be broken or removed. There are various reasons why this may be done such as; to inspect package contents, insert warranty cards or compatible chargers, network unlock devices, or update language settings. Be assured that devices are still Brand New and have not been used in any other way.

Pricing of Import Direct products is listed in Australian dollars and excludes any applicable taxes such as GST. Tax may be levied with respect to the goods by tax and customs authorities in Australia and/or the country the goods are shipped from. For the purpose of customs and border processing, the end customer is the importer of the product and will be liable for any such taxes. Currently, items imported into Australia valued less than $1000AUD (or $400NZD into New Zealand) do not incur any import taxes or duties.

Why is Think of Us offering Import Direct products?

Simply, our customers have been asking for it. Our research has discovered that many of our customers are also buying their electronics and accessories from overseas websites such as Amazon and eBay. The boom in online shopping and the Australian consumers thirst for the latest products at the best prices has lead to improved supply-chain logistics globally. Together with the strong Australian dollar, it is now time and cost efficient enough to make these Import Direct products available to our customers. The additional benefit to our customers is our Australian-based company will provide local support on behalf of our international partner.

Our Australian-based company has arranged an agreement with an international company, to advertise their products on our website and to our customer database.

AUSTRALIAN STOCK

Australian stock comes with its own manufacturer's warranty.

All mobile phones are purchased from Authorized suppliers World Wide. A range of mobile phone for sale on our website may include network software, settings or shortcuts that the service provider has preloaded on the mobile phone. This software will not affect the performance of the mobile phone with any other carrier and in most cases can be changed or switched off through the settings on your mobile phone. This software does not mean the Mobile Phone is Locked. If we are advertising the phone as outright unlocked it will accept any compatible sim card.

ORDER CONFIRMATION

We will contact you shortly after your order has been received to confirm your payment and delivery details. If you would prefer to contact us, please call 02 8677 8940.

VERIFICATION

Think of Us takes privacy and security extremely seriously. This industry receives constant attention from those trying to order products with other people's credit cards without their permission, so as a result all orders must proceed through a stringent verifications process before shipment. This may involve a phone call from one of our friendly verification staff or the confirmation of a fully refundable, random nominal charge to your credit card by email. Your order will not be processed until the verification is complete, however we will ensure that you are kept up to date throughout and please feel free to contact us at any time regarding your order progress.

Payment

You may provide your nominated credit card during the purchase process described on the Website. Payment for Orders will be processed immediately upon confirmation of Your Order. If Your nominated payment method triggers Our fraud prevention protocols, we may contact You to confirm additional details, or rescind the transaction. In this case, until your Order has passed Our fraud prevention protocols Your Order will NOT be fulfilled. If you do not provide the requested information within up to 7 days, your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.

Limitation of Liability

Name: Xtreme Deals Pty Ltd shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Name: Xtreme Deals Pty Ltd has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Name: Xtreme Deals Pty Ltd product is mistakenly listed at an incorrect price, Name: Xtreme Deals Pty Ltd reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Name: Xtreme Deals Pty Ltd reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Name: Xtreme Deals Pty Ltd shall issue a credit to your credit card account in the amount of the incorrect price.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Name: Xtreme Deals Pty Ltd without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Name: Xtreme Deals Pty Ltd may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Name: Xtreme Deals Pty Ltd.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of NSW, Australia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Name: Xtreme Deals Pty Ltd products) shall be in the state or federal courts located in Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Name: Xtreme Deals Pty Ltd products) must be commenced within one (1) year after the claim or cause of action arises. Name: Xtreme Deals Pty Ltd's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Name: Xtreme Deals Pty Ltd may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Name: Xtreme Deals Pty Ltd or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Name: Xtreme Deals Pty Ltd does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user- generated content on the site, Name: Xtreme Deals Pty Ltd is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Name: Xtreme Deals Pty Ltd reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Name: Xtreme Deals Pty Ltd in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Name: Xtreme Deals Pty Ltd, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Name: Xtreme Deals Pty Ltd may link to sites operated by third parties. However, even if the third party is affiliated with Name: Xtreme Deals Pty Ltd, Name: Xtreme Deals Pty Ltd has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Name: Xtreme Deals Pty Ltd. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Name: Xtreme Deals Pty Ltd seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Currency

All prices displayed are in Australian Dollars (AUD) only.

Consumer product warranty

GENERAL TERMS AND CONDITIONS

1.1 Proof of purchase (i.e. bill of sale, invoice or purchase receipt) must be presented when requesting service under the Standard Warranties.

1.2 Think of Us reserves the right to replace the Product or relevant part with the same or equivalent Product or part, rather than repair it. Where a replacement is provided the Product or part replaced becomes the property of Think of Us. Think of Us may replace parts with refurbished parts. Replacement of the Product or a part does not extend or restart the Standard Warranty period.

1.3 The Product will be at the owner's risk whilst in transit to and from our Authorised Service Centre, unless transported by Think of Us or its Authorised representatives.

1.4 Think of Us and its Authorised Service Centres may seek reimbursement of any costs incurred by them when the Product is found to be in good working order. 1.5 In respect of any Order, certain taxes may be levied by the destination country to which your Other Products will be delivered. You will be the importer of record for the purpose of customs and border processing. As the importer of the Other Products, you agree that you are liable to pay such taxes with respect to the Products to the relevant authority in addition to your payment to us under the General Terms and Conditions above. It is your responsibility to determine whether any such taxes apply in your destination country for delivery or the country from which the Products are shipped. You agree that neither Think of Us or its affiliates are liable to you with respect to any loss, damage, cost, expense or injury you incur as a result your obligation to pay taxes in a particular jurisdiction.

WARRANTY GENERAL EXCLUSIONS AND LIMITATIONS

2. To the full extent permitted by law, but subject always to 1.1, the Standard Warranty will not apply:

2.1 If the Product has not been installed, operated, maintained or used in accordance with the manufacturer's instructions or specifications provided with the Product.

2.2 If the factory-applied serial number has been altered or removed from the Product.

2.3 to damage, malfunction or failure resulting from alterations, accident, misuse, abuse, fire, liquid spillage, mis-adjustment of customer controls, use on an incorrect voltage, power surges and dips, thunderstorm activity, acts of God, voltage supply problems, tampering or unauthorised repairs by any persons, use of defective or incompatible accessories, the operation of a computer virus of any kind, exposure to abnormally corrosive conditions or entry by any insect, vermin or foreign object in the Product.

2.4 To damage arising during transportation, installation or while moving the Product, or to any transportation costs of the Product or any parts thereof to and from the owner, unless otherwise specified in these warranty conditions.

2.5 To any third-party software or hardware not contained in the Product as originally configured by the manufacturer.

2.6 To any failure, to the extent that the failure is not a failure of the Product to perform in accordance with its specifications.

2.7 To replacement or repair of any (1) consumables (including batteries, projector lamps and cables), or (2) lost parts or accessories.

4. To the full extent permitted by law but subject always to section 1.1:

4.1 Think Of Us will not be liable for any loss, damage or alterations to (1) third party hardware or software; or (2) programs, data or information stored on any media or any part of the Product, no matter how occurring; or for any loss or damage arising from loss of use, loss of profits or revenue, or for any resulting indirect or consequential loss or damage.

4.2 Think of Us's aggregate liability in respect of all claims under the Standard Warranty shall not exceed the original purchase price of the Product or, at Think of Us's option, the cost of replacing the Product.

4.3 Think of Us excludes all other warranties, conditions, terms, representations and undertakings whether express or implied.