This page, together with our Privacy Policy, tells you information about us and the legal terms and conditions (the “Terms”) on which you complete the trade-in of your mobile phone and/or tablets (the “Products”) via our website via our website https://AU-appletradein-abbti.likewize.com/ (“Site”).

These Terms will apply to any contract between Likewize Australia Pty Ltd, a company registered in Australia under ABN 58 111 399 752 and with registered office at Level 9, South Tower, 485 La Trobe Street, Melbourne, Victoria, 3000, Australia (referred to herein “us”, “our” and “we”) for the trade in of Products by you (the “Contract”). Please read these Terms carefully and make sure that you understand them, before trading-in any Products via our Site. Please note that before trading-in a Product by placing an order on our Site 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 via our Site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 5 below. 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 14 October 2021.

These Terms, and any Contract between us, are only in the English language.

1. Information about us
   1. We operate the Site.
   2. Whilst the trade-in process includes the trade-in of Apple Products, the trade-in, Apple Trade In Program is provided by us as an independent third party. Apple Inc and its affiliates and subsidiaries (collectively “Apple”) are not party to the Contract between you and us and you shall have no right of action against Apple for any breach of a Contract.
   3. Apple hereby disclaims and excludes any and all warranties of any kind, express or implied. By using the Site, you hereby release Apple 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 Site and our services, including, without limitation, incomplete or completed transactions and any claims or disputes between you and Likewize.
2. Our Site
   1. We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Site, or any content on it, will be free from errors or omissions and we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
   2. Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
   3. You are responsible for making all arrangements necessary for you to have access to our Site.
   4. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, 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 password.
   5. We have the right to disable any 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.
   6. The content on our 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 on our Site.
   7. We do not guarantee that our 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 our Site. You should use your own virus protection software.
   8. When using our Site, you agree that you will use our Site only for lawful purposes.
   9. Specifically, you may not use our Site:
      1. in any way that breaches any applicable local, national or international law or regulation;
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. to send, knowingly receive, upload, download, use or re-use any material which is defamatory, obscene, offensive, threatening, abusive, vulgar, hateful or inflammatory, discriminatory or which infringes the intellectual property rights of any third party;
      4. to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); and/or
      5. to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
   10. You also agree not to:
       1. reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms;
       2. use systematic, repetitive or any other methods which are designed to obtain a large number of quotes or other pricing and related information from our Site; and/or
       3. attack (through denial of service, distributed denial of service or otherwise) or access without authority, interfere with, damage or disrupt:
          1. any part of our Site;
          2. any equipment or network on which our Site is stored;
          3. any software used in the provision of our Site; or
          4. any equipment or network or software owned or used by any third party.
   11. A breach of section 2.10(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.
   12. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents 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.
3. How we use your personal information
   1. We only use your personal information in accordance with the law and our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
   2. It is your responsibility to:
      1. Remove your sim card (the “SIM”) before sending your Product to us. The SIM can contain private information, and may enable unauthorized use of your network access. If you fail to remove the SIM, you agree to release us from all claims, losses or damages with respect to the use of the SIM arising before, or after receipt by us of your Product. Any SIMs received by us are non-returnable;
      2. Remove any personal file and data, whether in the form of personal details, SMS, photos, games, songs or other data, (the “Data”) from the Product; and
      3. Switch off the activation lock or equivalent feature on your Product.
   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.
   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.
   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, Apple Trade In Program and we and Apple accept no responsibility or liability for any lost Data.
4. Consumer representations and warranties
   1. By placing an order through the our Site, you warrant that:
      1. you are accessing our Site from Australia;
      2. you are legally capable of entering into a binding contract;
      3. you are not a business or acting in the course of a business; and
      4. you release us of any liabilities or claims that may arise if you send the Product to us in breach of this warranty.
   2. Your statutory rights as a consumer are not affected by this contract.
5. Our right to vary these Terms
   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.
   2. Every time you trade-in Products via this Site, the Terms in force at the time of your trade-in will apply to the Contract between you and us.
   3. We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
      1. changes in relevant laws and regulatory requirements; and/or
      2. a change in our business practice.
   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.
6. Valuing your Product
   1. You warrant that you will accurately describe the condition of your Products so that we are able to provide an initial quotation before we are in receipt of, and able to, inspect the Product (the “Original Quotation”). The Original Quotation will be valid for a period of 14 days from the date it is issued to you (“Initial Period”). You may extend the validity of the Original Quotation within the Initial Period by a further period of 7 days from the end of the Initial Period (“Quote Validity Period”).
   2. We accept accessories such as chargers and headsets but these do not increase the value of your Product.
   3. Upon receipt of your Product, we will carry out an Inspection (as defined in clause 8.1 below). Any incorrect or inaccurate Product descriptions may result in us re-evaluating our Original Quotation to produce a Revised Quotation (as defined in clause 8.4 below).
   4. Subject to clause 6.3 above, you must ensure that we are in receipt of the Products within the Initial Period or Quote Validity Period as appropriate. If we are not in receipt of a Product with the Initial Period or Quote Validity Period as appropriate, we reserve the right to provide you with a Revised Quotation (as defined in clause 8.4 below), subject to the clauses 7 and 8 below.
7. Lost, Blocked, Stolen and Fake Products and Pre-Pay Box Breaking
   1. For the purposes of these Terms “Fake” Products are counterfeit Products which are manufactured to resemble products made by another company in breach of the intellectual property rights of the genuine manufacturer.
   2. 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.
   3. We work with a number of agencies and service providers to enable us to check the international mobile equipment identity number ("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.
   4. We will make no payments to customers for Products received which are either lost, stolen or Fake.
   5. 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 3 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.
8. Inspection and Revised Quotation
   1. Once your Products have been received by us, we will inspect the Product to check to see if it complies with the description that you provided to us originally (the “Inspection”).
   2. The Inspection will focus on, amongst other things, the model and condition of the Product. If the model and/or condition are different to your original description, the Original Quotation will be adjusted in accordance with clause 8.4 below. Should our Inspection reveal that you have sent us a different model than the one that we provided an Original Quotation for, we will offer an amount for the different model based on the price displayed on the Site on the day that we are in receipt of the different model (subject to the condition of the Product).
   3. We will have sole discretion in determining the appropriate condition and price of the Product.
   4. We will contact you via email or text to confirm the amount we will offer for such Product as adjusted, if necessary, by these Terms (the “Revised Quotation”). You will have 14 working days from the date that we have sent the email or text in which to accept the Revised Quotation provided that we cannot be held responsible for the non-delivery of emails because of spam email or junk filters. If you:
      1. choose to decline the Revised Quotation within the 14 working day period, you may ask us to return the Products to you. Please allow for up to 10 working days to receive your returned Products. If for any reason we cannot send you back your original Product then we will be obliged to make payment for the Original Quotation (except to the extend such failure to send back the original Product to you has resulted from any act or omission of you); or
      2. do not reply within 14 days of us sending the email or text, we will return your Product to you.
   5. Additional accessories that have been sent in with your Product which have not been requested by us cannot be returned to you.
9. How the Contract is formed between you and us
   1. Nothing on this Site constitutes an offer by us to sell or purchase any goods or services.
   2. Sending Products to us shall constitute an offer by you to sell such Products to us in return for the Original Quotation (“Your Offer”). However, please note that this does not mean that Your Offer has been accepted. Our acceptance of your Offer will take place as described in clause 9.3 below.
   3. No Contract will be formed until either:
      1. we accept Your Offer, by paying to you a sum equal to the Original Quotation; or
      2. you have accepted our Revised Quotation and we make a payment to you of a sum equal to the Revised Quotation, within the time frame set out in clause 1.
10. Second Hand Dealer Licence
    1. 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 set out in clause 10.2 below. In addition to the proof of identity requirement, we are required to submit the 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.
    2. You must provide a photocopy of 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:
       1. a passport;
       2. a drivers licence or learner drivers permit;
       3. full birth certificate/extract of birth;
       4. certificates of Australian citizenship;
       5. health care card;
       6. medicare card;
       7. bank statement/mortgage documents;
       8. utility bill; or
       9. tax file number document.
    3. 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. Pricing and Payments
    1. We initiate payments to you through Apple Gift Card within 3 working days after receipt and Inspection.
    2. Prices offered on our Site are subject to change at any time without notice.
12. Title and Risk in Products
    1. Title in the Product(s) shall pass to us on completion of the payment to you for such Product(s) at which point you disclaim any further right, title or interest in and to the Product or any items contained therein.
    2. You must own all rights in any Product(s) that you send to us. By placing your trade-in order 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.
    3. Subject to clause 12.4 below, risk in the Product(s) shall pass to us once the Product is in transit from you to us via the mail/courier service that you use to send the Product to us.
    4. Whilst the Products are in transit from you to us the following shall apply:
       1. for each Product that you send to us you shall ensure that: (i) it is packaged so that it is physically protected; and (ii) you obtain and provide to us on request a tracking number for the package;
       2. subject to clause 12.4(c) below, our total liability to you in respect of all losses arising in connection with the loss or damage to a Product or Products whilst in transit, shall in no circumstances exceed the value of the Original Quotation; and
       3. we shall not be liable to you for any loss arising in connection with the loss or damage to a Product or Products whilst in transit should you fail to comply with the provisions of clause 12.4(a) above.
13. Our liability
    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.
    2. We do not in any way exclude or limit our liability for:
       1. death or personal injury caused by our negligence;
       2. fraud or fraudulent misrepresentation; or
       3. any other liability which cannot be excluded by law.
    3. Subject to clause 13.1 above, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. Indemnity
    1. The trade-in, Apple Trade In Program is provided for lawful purposes only, and you agree to indemnify us from and against any claims brought against us arising from performing obligations under a Contract on your behalf or for any breach of these Terms by you.
15. Events outside our control
    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 15.2) below.
    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.
    3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
       1. we will contact you as soon as reasonably possible to notify you; and
       2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
    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.
16. Communications between us
    1. When we refer, in these Terms, to "in writing", this will include e-mail.
    2. You may contact us by telephoning our customer service team at 1800 331 033 or by e-mailing us at AU.AppleTradeIn@likewize.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.
    3. The provisions of this clause 16 shall not apply to the service of any proceedings or other documents in any legal action.
17. Intellectual property rights
    1. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
    5. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
    6. If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
18. Other important terms
    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.
    2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
    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.
    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.
    6. These Terms are governed by the laws of New South Wales, Australia. This means a Contract for the trade-in of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by the laws of New South Wales, Australia.
    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).

1. Acceptance and formation of contract
   1. These terms and conditions and the Likewize Application Form you submit to Likewize Logistics Pty Ltd (trading as Likewize) (“Likewize”) constitute the entire agreement between us (“Agreement”) for the purchase of certain mobile devices (“Devices”) and cannot be varied except by written agreement between us.
   2. Please read these terms and conditions carefully before submitting your completed Likewize Application Form and Identification Items to Likewize. You should understand that by submitting the Likewize Application Form, you agree to be bound by these terms and conditions.
   3. To enter into this Agreement you must be a registered Australian company. No other persons including individuals are eligible for this offer and such other persons (including individuals) may not be a party to this Agreement.
   4. You should print and keep a copy of these terms and conditions for future reference.
   5. In submitting your Likewize Application Form you accept these terms and conditions (“Acceptance”). Please understand that if you refuse to accept these terms and conditions, you will not be able to submit a Likewize Application Form to Likewize.
   6. Likewize may transfer, assign, charge, sub-contract or otherwise dispose of this Agreement, or any of Likewize’s rights or obligations arising under it, at any time during the term of this Agreement.
2. Collection
   1. Upon Likewize being satisfied in its absolute discretion of Acceptance as well as that all relevant information and other matters connected with the Likewize Application Form are received by Likewize, Likewize will contact your Customer Representative to arrange collection of the Devices.
   2. You must remove all accessories, cables and chargers from the Device prior to making the Devices available for collection by us. Any such items collected by Likewize with your Devices will not be returned and Likewize will destroy them and reserves the right to charge such fees as determined by Likewize in connection with the destruction of such items.
   3. You must use reasonable care to ensure that all components of each Device are packaged together (particularly the Device and its battery) with that Device and are securely packed to prevent damage in transit. If Likewize collects Devices from you that do not comply with this clause, Likewize reserves the right to charge you a Service Fee (as specified in the Likewize Application Form) for each Device Likewize determines in its absolute discretion do not satisfy the requirements of this clause. Where Likewize elects to charge a Service Fee, you agree to comply with all of Likewize’s credit application requirements, related credit checks and other credit control procedures (“Credit Requirements”), if required by Likewize.
   4. Once the Devices are packed and ready for collection, your Customer Representative must advise Likewize and provide to Likewize the number of boxes/packages, the dimensions and weight of each box/package and each address of the business premises from which Likewize should collect the boxes/packages.
   5. Likewize will supply consignment notes for you to affix to each box/package.
   6. In consultation with you, Likewize will arrange for collection of the Devices, within normal business hours, by its freight provider from the business premise(s) specified by your Customer Representative.
   7. Likewize will be responsible for all costs incurred in the carriage of the Devices by Likewize’s freight provider.
3. Assessment
   1. If requested by Likewize, you must provide a list of all international mobile equipment identity numbers (“IMEI”) and unlock codes to Likewize in electronic format for each of the Devices. If any unlock codes or IMEIs are incorrect or are not provided, Likewize reserves the right to not pay to you the relevant price for the Device and return the Devices to you.
   2. Each Device that you send to Likewize will be inspected and classified by Likewize as either “Working”, “Non-Working” or “Beyond Economical Repair” (“BER”) in accordance with the following:
      1. For a Device to be classified as “Working” it must:
         1. be capable of being turned on and off;
         2. be fully functional in accordance with its user manual;
         3. have a screen that is working and intact;
         4. have a working touch screen (if applicable) which must not be cracked;
         5. contain the battery;
         6. not have any physical or liquid damage; and
         7. have the Activation Lock disabled if the device is operating on IOS7.
      2. If a Device does not meet all of the “Working” criteria but is capable of being turned on and off, contains a battery and only has:
         1. connector damage;
         2. a cracked glass or casing;
         3. a faulty Sim reader; or
         4. broken buttons,
         it will be classified as “Non-Working”.
      3. If a Device does not meet all of the “Working” and the “Non-Working” criteria it will be classified as “BER”. All Devices classified as BER will be valued at $0.
      4. Likewize will have sole discretion in determining the appropriate classification of your Device as Working, Non-Working or BER.
   3. Following Likewize’s inspection and classification of the Devices, Likewize will supply you with a report detailing the number of Devices classified as Working, Non-Working and BER and the price Likewize offer for such Devices (“Likewize Assessment Report”). The Likewize Assessment Report will also detail the total price offered for the Devices as well as any Service Fees and any such fees as determined by Likewize in connection with the destruction of the items referred to in clause 2b) above (if any) that are payable by you.
   4. Likewize will provide in the Likewize Assessment Report the Prices for the Devices (as specified in the Likewize Application Form) if Likewize collects your Devices by no later than the date specified for collection in the Likewize Application Form. If Devices are collected after such date, Likewize reserves the right to issue revised pricing for the Devices.
   5. Within five (5) Business Days of receipt of a Likewize Assessment Report, you must respond in writing via the email address specified on the Likewize Application Form confirming your acceptance or rejection of the price specified in the Likewize Assessment Report. If you do not respond within five (5) Business Days, Likewize reserves the right to revise the pricing offered for each of the Devices specified in the Likewize Assessment Report such that the initial price offered in the Likewize Assessment Report is null and void.
   6. You may accept or reject the pricing in the Likewize Assessment Report (including any revised pricing) in whole or in part and may elect to have any Device returned to you.
4. Returns
   1. Likewize reserves the right to charge you a Return Fee (as specified in the Likewize Application Form) for any Devices to be returned to you under any provision of this Agreement. You acknowledge and agree that Likewize may retain all Devices to be returned to you until such time as Likewize receives the Return Fee.
   2. Where Likewize elects to charge a Return Fee, you agree to comply with all of Likewize’s Credit Requirements prior to having any or all Devices returned to you, if required by Likewize. You acknowledge and agree that if you fail to comply with or satisfy the Credit Requirements, Likewize may elect to pay you for the Devices in accordance with the Likewize Assessment Report and is under no obligation to return any of the Devices to you but may choose to do so at its sole direction.
   3. Notwithstanding your responsibilities, representations and warranties under clauses 9 and 10, a factory reset of each Device will be performed to remove content which may be stored in the Devices after Likewize collects your Devices.
5. Second-Hand Dealer Licence
   1. Likewize is a registered Second-Hand Dealer (Licence Number 2PS12534 in New South Wales, Licence Number 17200317 in the Australian Capital Territory, Second Hand Dealer Number 3637463 in Queensland, and Registration Number SHD14623 in Victoria). Likewize is required by law to obtain proof of identity from every individual person or a representative from the company attempting to sell goods to us.
   2. You must provide legible copies of the following “Identification Items” being one proof of identity item that shows, or two proof of identity items that together show, each of your Customer Representative’s full name, current address, date of birth and signature. Such item(s) may be in the following forms:
      1. a passport;
      2. a driver’s licence or learner driver’s permit;
      3. full birth certificate/extract of birth;
      4. certificates of Australian citizenship;
      5. health care card;
      6. Medicare card;
      7. bank statement/mortgage documents;
      8. utility bill; or
      9. tax file number document.
   3. Likewize is required by law to maintain a record of the particulars of every Device purchased by Likewize, and may be required to supply such records to the relevant state police authority for the purpose of identifying stolen goods.
   4. Likewize work with a number of agencies and service providers to enable Likewize to check the IMEI number of all mobile devices that are sent to Likewize to confirm that they are not stolen. Likewize may do this prior to confirming purchase. In the event that Likewize becomes aware of any issues at any time, Likewize reserves the right to withhold or cancel payment and you agree to co-operate with Likewize and any authorities as required by Likewize.
   5. The provision of the Identification Items is a material condition of Likewize’s contract with you. If you do not provide the necessary Identification Items with your Likewize Application Form Likewize reserves the right to withhold payment for your Devices and/or contact the police about the relevant transaction.
   6. In the case Likewize is notified or suspects that a Device is either lost or stolen, Likewize may request further proof of ownership of the Device. 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 Device may be returned to you, or to the relevant authorities.
6. Prices
   1. Likewize will pay you the applicable price in accordance with clause 3.
   2. All financial amounts set forth in this Agreement, a Likewize Application Form or a Likewize Assessment Report are in Australian Dollars and are exclusive of any and all applicable taxes (including GST), unless stated otherwise.
   3. You must collate and send your Devices to Likewize in a timely manner so that they are collected by Likewize no later than such date (as specified in the Likewize Application Form). If Devices are collected after this date, Likewize reserves the right to issue revised pricing for the Devices.
7. Payment
   1. Likewize and the Customer acknowledge that each are registered for GST (the tax imposed by the A New Tax System (Products and Services Tax) Act 1999 (Cth), and the related imposition Acts of the Commonwealth) (the “GST Act”) and that a party will promptly notify the other party if it is in fact not registered for GST or if it ceases to be registered for GST.
   2. Following completion of our assessment of the Devices as set out in clause 3 above, you must provide to Likewize a Tax Invoice (as defined in the GST Act) for the payment of the price for the Devices as specified in the Likewize Assessment Report (or any revised pricing issued by Likewize as the case may be).
   3. Likewize shall provide to you a Tax Invoice for any Return Fees, Service Fees as well as any such fees as determined by Likewize in connection with the destruction of the items referred to in clause 2b) above (if any) payable by you within thirty (30) days of the date of the Tax Invoice (unless such fees are set off by Likewize in accordance with clause 7e) below).
   4. You may nominate an agent to receive payment on your behalf for the Devices by completing the agent’s entity details in the Nominated Agent section of the Likewize Application Form. By completing the Nominated Agent section in the Likewize Application Form you irrevocably authorise Likewize to direct the payment in respect of the Devices to the nominated agent via electronic funds transfer to the Nominated Bank Account. Such payment by Likewize shall constitute completion by Likewize of all of Likewize’s obligations of payment to you under this Agreement and you shall have no recourse whatsoever against Likewize after the payment is made by Likewize.
   5. Likewize shall within thirty (30) days of the date of the Tax Invoice, pay you or your nominated agent in full the amount set out in the Tax Invoice (including applicable GST) less any Return Fee and Service Fee where appropriate (including such fees as determined by Likewize in connection with the destruction of the items referred to in clause 2b) above), into the Nominated Bank Account you have specified in the Likewize Application Form.
8. Property, Title and Risk
   1. Title and risk in any Device shall pass from you to Likewize following collection of the Device in accordance clause 2 above.
   2. Title and risk in any Device returned to you shall pass from Likewize to you upon dispatch by Likewize of the Device to you.
9. Representations and Warranties
   1. You represent and warrant that you have removed all data, applications or information (including, for the avoidance of doubt, any Personal Information as defined under the Privacy Act 1988 (Cth)) inserted into a Device by an end user prior to making the Device available for collection by Likewize.
   2. You must own all rights in any Devices that you make available for collection by Likewize. By submitting the Likewize Application Form you represent and warrant that you are the true and rightful owner of, and have good title to, the Devices and as such, you confirm that you are legally authorised to sell or dispose of the Devices at your own discretion.
   3. You represent and warrant that you have obtained and will continue to maintain at all times all licences (including any relevant second hand trading licences), authorisations, accreditations and consents which are necessary for you to perform your obligations under this Agreement.
   4. You represent and warrant that you are legally capable of entering into a binding agreement.
10. Your responsibilities
    1. You are responsible for cancelling any network contract linked to each Device. Likewize is not responsible for any call costs arising before, or after, Likewize’s receipt of your Devices, or arising from any other circumstances whatsoever.
    2. Please ensure you remove SIM cards and SD cards from Devices before sending Likewize your Devices. Likewize accepts no liability in the event that a SIM card or a SD card is sent with a Device and charges are then incurred. You will continue to be responsible for such charges. Any SIM cards or SD cards received by Likewize with your Devices will not be returned and Likewize will destroy them.
    3. Except to the extent specified in Likewize’s Privacy Policy, you agree to release Likewize from all and any claims, losses or damages with respect to any data stored or contained in the Device or on any media used in conjunction with the Devices (whether in the form of personal details, SMS, photos, games, songs or other data ("Data")). Likewize accepts no responsibility in relation to the security, protection, confidentiality or use of such Data and it is your responsibility to ensure that such Data is removed from the Devices prior to you sending them to Likewize. If any Personal Information is contained on the Devices which has not been deleted when Likewize receive them, Likewize will deal with that Personal Information in accordance with Likewize’s Privacy Policy.
11. Likewize’s liability
    1. Likewize will not be liable or responsible for any failure to perform, or delay in the performance of, any of Likewize’s obligations under this Agreement that is caused by events outside Likewize’s reasonable control or due to Likewize’s compliance with any applicable laws or regulations.
    2. Except as provided in this clause and subject to the provisions of the Competition and Consumer Act 2010 (Cth) which cannot lawfully be excluded, Likewize is not liable to you whether in contract, tort (including negligence), strict liability or by virtue of the breach of any statutory duty or otherwise or for damages or any consequential loss however caused.
    3. You shall indemnify and keep Likewize indemnified against any loss or expenses (including legal expenses on a full indemnity basis) which Likewize may sustain or incur as a consequence of any default of any of the provisions under this Agreement (including the representations and warranties set out in clause 9 above), including any default in connection with or arising from this Agreement.
12. Confidential Information
    1. disclosed or communicated to the recipient; or
    2. learnt or accessed by the recipient in the course of this Agreement, but excludes any such information which the recipient can establish:
       1. is or became generally available in the public domain otherwise than through a breach of this Agreement or any obligation of confidence owed to the disclosing party;
       2. was developed by the recipient independently of the disclosure, communication or access from the disclosing party; or
       3. was disclosed or communicated to or accessed by the recipient from a third party under no obligation of confidence to the disclosing party in respect of that information.

Except as expressly allowed elsewhere in this Agreement or to the extent required by any applicable law or regulation, each party to this Agreement must keep in confidence any Confidential Information that it receives from the other party by using the same degree of care that it would use to protect its own Confidential Information and in any case, not use or disclose any Confidential Information which may be reasonably foreseen to be prejudicial or adverse to the business of the other party.
For the purposes of this Agreement “Confidential Information” in relation to a party, means all information which is confidential in nature, including information:

13. General
    1. If any provision of this Agreement is void, unenforceable or contrary to law, such provision shall be deemed to have been excluded from this Agreement from the commencement of this Agreement and shall not affect any other provision hereof.
    2. b) This Agreement and the transactions contemplated by it are governed by, and construed in accordance with the laws of the state of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia and the courts of appeal from them, for determining any dispute concerning this Agreement or the transactions contemplated by it.

This Privacy Policy sets out the approach which Likewize will take in relation to the treatment of your Personal Information. It includes information on how Likewize collects, uses, discloses and keeps secure, your Personal Information. It also covers how Likewize makes the Personal Information it holds available to you for access and correction by you in the event that such information is inaccurate or incomplete.

Likewize may collect the following types of 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 Likewize, and other information that clients may provide in their course of communication with Likewize.

This Personal Information can sometimes include identification Personal Information to comply with relevant second hand trading legislation and your rights or title to sell goods to Likewize 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 Privacy Policy has been drafted having regard to Likewize'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").

If you require further information regarding Likewize's Privacy Policy, you can contact our Privacy Officer on:

Capitalised terms are defined in the Glossary at the end of this Privacy Policy.

1. Collection
   1. Likewize will only collect Personal Information where the information is necessary for Likewize to perform one or more of the functions or activities set out in this Privacy Policy, or if the function or activity is not set out in this Privacy Policy, when we ask for consent to collect your Personal Information for that function or activity. In this context, "collect" and "collected" means gather, acquire or obtain information which qualifies as "Personal Information" under the Privacy Act which in broad terms is information which contains details about you which identify you or from which you are identifiable or you can be identified (see glossary for the full definition). Normally we collect information from you directly, unless it is unreasonable or impracticable to do so. In some instances, we may collect or be provided with, your Personal Information indirectly from or through a third party, where you have authorised us to do so.
   2. Likewize 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 and to deal in secondhand goods. But Likewize also collects and uses Personal Information for secondary purposes including:
      1. business planning and development; and
      2. to provide individuals with information about Likewize’s other services, as well as the services of other related companies.
      If there are additional purposes for which we propose to use your Personal Information which are not specified in this Privacy Policy, they will be disclosed at the time we collect that Personal Information and ask for your consent to that collection. We will always give you the option to decline to provide your Personal Information or to decline to allow us to use that Personal Information for the purposes for which we have proposed to use it.
   3. Likewize 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. the main reason that we are collecting Personal Information (this reason will be the "Primary Purpose");
      2. other related Uses or Disclosures that we may make of the Personal Information (to the extent not set out in this Privacy Policy) ("Secondary Purposes");
      3. our identity and how individuals can contact us, if this is not obvious;
      4. that individuals can access and correct the Personal Information that Likewize holds about them;
      5. where applicable, any law that requires the Personal Information to be collected ; and
      6. the consequences (if any) for the individual if all or part of the Personal Information is not provided to Likewize.
   4. 1.4 Likewize will not collect Sensitive Information from individuals except with consent and only where it is necessary for Likewize to collect such information for an activity or function.
2. Use
   1. Likewize 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. Likewize will obtain your consent for Use of Personal Information for specific Secondary Purposes at the time of collection, unless such Use is identified in this Privacy Policy or is a related Secondary Purpose which would be within your Reasonable Expectations.
   3. Regardless, Likewize will only use or disclose Personal Information about you:
      1. in accordance with this Privacy Policy;
      2. for any other purpose communicated to you at or near the time your Personal Information is collected;
      3. as permitted or required by law (this includes Use to avoid an imminent threat to a person's life or to public safety). It may also use Personal Information for reasons related to law enforcement or internal investigations into unlawful activities;
      4. if we believe it necessary to provide you with a service you have requested;
      5. to implement our service;
      6. to protect the rights, property or personal safety of another Likewize client, any member of the public or Likewize;
      7. if some or all of the assets and operations of our business are or may be transferred to another party by way of sale of some or all of the business; or
      8. if you have provided your consent to such use or disclosure.
   4. With your consent, Likewize 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 privacy@likewize.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 Likewize and all its Related Bodies Corporate and we will no longer use your Personal Information for Direct Marketing.
   5. Likewize will not, if collected, use Sensitive Information for Direct Marketing.
   6. Likewize will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.
   7. When you come to a Likewize 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. Disclosure
   1. Likewize may Disclose Personal Information to related or unrelated third parties if you have consented to that Disclosure.
   
   
   2. Likewize 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. 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 Likewize, such as mail houses, information technology service providers, website hosts and back-up service providers, will sometimes have access to Personal Information held by Likewize and may use it on behalf of Likewize. 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.
   4. Likewize may Disclose Personal Information to law enforcement agencies, government agencies, courts or external advisers where permitted or required by law.
   5. Likewize may Disclose Personal Information to avoid an imminent threat to a person's life or to public safety.
   6. Except for Disclosure for a Primary Purpose or for a related Secondary Purpose or where your consent has been obtained to such Disclosure, Likewize will not Disclose your Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.5 above.
4. Data security
   1. Likewize 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.
   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 Likewize’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.
   3. You should note that, except in the case of information entered via SSL, information you transmit across public internet or other facilities may not be secure and Likewize will not be responsible for or liable for any loss you suffer during transmission. Once the Personal Information you have transmitted to us has passed through our firewall or otherwise into our control, it is then that our responsibility to ensure that it is treated in the manner required under this Privacy Policy arises. If we transfer your Personal Information to another entity, we will only do so in accordance with this Privacy Policy and in a manner that is secure as between Likewize and that other entity.
   4. Likewize 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. Likewize will only allow our employees and contractors access to your Personal Information in order to perform their duties and obligations and we will take all reasonable steps to ensure that those employees and contractors handle your Personal Information in a manner that is consistent with this Privacy Policy and Likewize's legal responsibilities in relation to privacy.
   6. You should note that whilst our website may link to other websites, those other websites are not under our control and we are not responsible for the conduct of the operator of those websites including how they handle and protect your Personal Information. Before accessing those websites, we recommend you review the terms and conditions of or access to such websites including the relevant privacy policy or provisions.
5. Complaints or questions
   1. Individuals wishing to make an inquiry or complaint regarding privacy should do so by contacting the Likewize Privacy Officer, whose contact details appear at the beginning of this Privacy Policy. 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.
   2. Likewize websites will contain a prominently displayed privacy statement and will include a copy of this Likewize Privacy Policy.
6. Access and correction
   1. Likewize will allow you to have access to its records containing your Personal Information in accordance with the Privacy Act. This will usually take the form of Likewize providing you with a copy of the information held. Any request for such information should be through the Likewize Privacy Officer whose contact details are set out at the beginning of this Privacy Policy.
   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.
   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 Likewize Privacy Officer's e-mail address and we will take all reasonable steps to delete unless we need it for legal, auditing or internal record keeping.
7. Client Information
   1. Likewize may from time to time have access to Personal Information belonging to customers of one of its clients.
   2. Notwithstanding anything else in this Privacy Policy, Likewize shall deal with such Personal Information in accordance with the relevant Client Privacy Policy and to the extent that there is any inconsistency between the Client Privacy Policy and this Privacy Policy the Client Privacy Policy shall prevail.
   3. Likewize acknowledges that to the extent that Likewize is aware that any Client Privacy Policy is inconsistent with the Privacy Act that it will seek to address such inconsistency with the client immediately and if such inconsistency is not addressed in a timely manner Likewize shall cease to have access to the relevant Personal Information for that particular client.
8. Transferring information overseas
   1. Likewize 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, the United States, Canada and France.
   2. If Personal Information must be sent by Likewize outside of Australia, Likewize will require the overseas organisation receiving the information to provide a binding obligation that it will handle that information in accordance with the Privacy Act and this Privacy Policy, including as part of a services contract.
9. Glossary

   Client Privacy Policy means the privacy policy of a Likewize client.

   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 Likewize or a Related Body Corporate or those of an independent third party organisation.

   Disclosure generally means the release of information outside Likewize, including under a contract to carry out an "outsourced function".

   Health Information means:

   1. information or an opinion about:
      1. the health or a disability (at any time) of an individual; or
      2. an individual's expressed wishes about the future provision of health services to him or her; or
      3. a health service provided or to be provided to an individual;

   that is also Personal Information; or

   1. other Personal Information collected to provide or in providing a health service; or
   2. other Personal Information about an individual collected in connection with the donation; or intended donation by the individual of his or her body parts or body substances.

   Likewize means Likewize Australia Pty Ltd ACN 111 399 752.

   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:

   1. a holding company of another body corporate;
   2. a subsidiary of another body corporate; or
   3. a subsidiary of a holding company of another body corporate, the first mentioned body corporate and the other body corporate are deemed to be related to each other.

   Sensitive Information means:

   1. information or an opinion about an individual's:
      1. racial or ethnic origin; or
      2. political opinions; or
      3. membership of a political association; or
      4. religious beliefs or affiliations; or
      5. philosophical beliefs; or
      6. membership of a professional or trade association; or
      7. membership of a trade union; or
      8. sexual preferences or practices; or
      9. criminal record; that is also Personal Information or
   2. Health Information about an individual.

   SSL means Secure Sockets Layer.

   Use means the handling of Personal Information within Likewize.