Terms and Conditions
Terms of website use
1 General Terms
- The Bounce Website is a site operated by Brightstar Logistics Pty Ltd trading as Bounce Mobile (“Bounce”). Bounce is registered in Australia with an Australian Company Number (ACN) 111 399 752 and have our registered office at Level 5, 607 Bourke St, Melbourne VIC 3000.
- Bounce aim to update the Bounce Website regularly, and may change the content at any time. If the need arises, Bounce may suspend access to the Bounce Website, or close it indefinitely. Bounce will make every effort to ensure that all the information on the Bounce Website is as accurate as possible at all times and in the event of an error Bounce will endeavour to correct such error as soon as reasonably possible.
2 Use of the Bounce Website
- Access to the Bounce Website is permitted on a temporary basis and Bounce reserves the right to withdraw or amend the service Bounce provides on the Bounce Website without notice (see below). Bounce will not be liable to you if for any reason the Bounce Website is unavailable at any time or for any period including any inability to access Bounce’s website caused by your equipment or the internet connection you use to access Bounce’s website. You are responsible for making all arrangements necessary for you to have access to the Bounce Website.
- From time to time, Bounce may restrict access to some parts of the Bounce Website, which may include restriction to users who have previously registered with Bounce.
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Bounce’s security procedures, you must treat such When using the Bounce Website, you agree that you will use the Bounce Website only for lawful purposes.
- Specifically, you may not use the Bounce Website:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to send information as confidential, and you must not disclose it to any third party. Bounce will not be responsible or liable in any way in the event you suffer any loss or damage following any unauthorised use or misuse of your password. Bounce have the right to disable any user identification code or password, whether chosen by you or allocated by Bounce, at any time, if in Bounce’s opinion you have failed to comply with any of Bounce’s terms and conditions.
- , 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;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
- 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.
- You also agree not to:
- use systematic, repetitive or any other methods which are designed to obtain a large number of quotes or other pricing and related information from the Bounce Website; and/or
- not to attack (through denial of service, distributed denial of service or otherwise) or access without authority, interfere with, damage or disrupt:
- any part of the Bounce Website;
- any equipment or network on which the Bounce Website is stored;
- any software used in the provision of the Bounce Website; or
- any equipment or network or software owned or used by any third party.
A breach of section (iii) above may result in you committing a criminal offence under the Computer Misuse or similar Act. Bounce will report any such breach to the relevant law enforcement authorities and Bounce will co-operate with those authorities by disclosing your identity to them.
3 Bounce Website rights
- Bounce is the owner or the licensee of all intellectual property rights in the Bounce Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from the Bounce Website for your personal reference only.
- You must not otherwise reproduce any copies of any materials you have printed off or downloaded in any way including any illustrations, photographs, video or audio sequences or any graphics.
- You must not use any part of the materials on the Bounce Website for commercial purposes without obtaining a licence to do so from Bounce or Bounce’s licensors.
5 Linking to and from the Bounce Website
- You may link to Bounce’s home page, provided you do so in a way that is fair and legal and does not damage Bounce’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Bounce’s part where none exists.
- You must not establish a link from any website that is not owned by you.
- The Bounce Website must not be framed on any other site, nor may you create a link to any part of the Bounce Website other than the home page. Bounce reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with these terms and conditions.
- If you wish to make any use of material on the Bounce Website other than that set out above, please address your request firstname.lastname@example.org.
- Where the Bounce Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Bounce 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 Bounce of or any affiliation between Bounce and that third party or the products or services that they offer. You acknowledge and agree that Bounce is not responsible or liable (including for any loss or damage you suffer or incur as a consequence of your reliance on or purchase of) the content, advertising, products, services, or other materials on or available from such sites.
6 Bounce’s liability
- The material displayed on the Bounce Website is provided without any guarantees, conditions or warranties as to its accuracy or completeness. To the extent permitted by law, Bounce and other members of any group of companies associated with Bounce hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- all liability for any loss suffered of incurred by you by your use, inability to use or reliance on Bounce’s website or any result derived from its use (or use of any websites linked to it), regardless of the nature of that loss, whether direct, indirect or consequential or damage incurred by any user in connection with the Bounce Website or in connection with the use, inability to use, or results of the use of the Bounce Website, any websites linked to it and any materials posted on it;
- liability for loss of income or revenue, liability for loss of anticipated savings, liability for loss of data, or any other loss or damage of any kind,
- The above clause 6a) does not affect Bounce’s liability to you for:
- death or personal injury arising from Bounce’s negligence;
- fraudulent misrepresentation; or
- any other liability which cannot be excluded or limited under applicable law.
- Bounce will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Bounce Website or to your downloading of any material posted on it, or on any website linked to it.
however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7 Jurisdiction and applicable law
- If Bounce fails to exercise any of the rights or remedies to which Bounce are entitled under these terms, this does not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- If any of these terms are determined by any competent authority to be invalid, unlawful or enforceable to any extent, such terms, will to that extent be severed from the remaining terms and the rest of the affected term and these terms shall continue to be valid to the fullest extent permitted by law.
9 Your concerns
If you have any concerns about material which appears on the Bounce Website, please email email@example.com
Transactional Terms & Conditions
1 General Terms
- Please read these terms and conditions carefully before submitting your sell order from the Bounce Website. You should understand that by submitting an order, you agree to be bound by these terms and conditions of supply.
- You should print and keep a copy of these terms and conditions of supply for future reference.
- In confirming your sell order you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to place a sell order via the Bounce Website.
2 How the contract is formed between Bounce and you
- The Bounce Website is only intended for use by customers registered with Bounce and resides in Australia. At Bounce’s complete discretion Bounce may accept or reject orders from people outside of these territories.
- You must own all rights in any mobile devices(s) that you send to Bounce. By sending your sell order you declare that you are the true and rightful owner of, and have good title to, the enclosed mobile device(s) and as such, you confirm that you are legally authorised to sell or dispose of the mobile device(s) at your own discretion.
- Ownership of the mobile device(s) will pass to Bounce when we receive the mobile device/s at Bounce’s delivery location, in accordance with these terms and conditions, and we have dispatched payment to you.
- Bounce may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of Bounce’s rights or obligations arising under it, at any time during the term of the contract.
3 Terminating the contract
- You may cancel the contract with Bounce at any time up to the time when you send Bounce your mobile device ("cooling- off period"), provided that:
- the contract was negotiated and concluded exclusively by means of distance communication (including, but not limited to, telephone, letter, fax or email); and
- you are a natural person not acting in the course of any business (note if you are acting in the course of a business, the cooling-off period does not apply to you).
- When cancelling during the cooling-off period, you do not need to give Bounce any reason for cancelling the contract, nor will you have to pay any administration charges.
- To cancel the contract you must notify Bounce in writing.
- Other than if the mobile device does not meet Bounce’s terms and conditions (see below), this contract cannot be cancelled after the mobile device(s) is received by us.
- By placing an order through the Bounce Website, you warrant that:
- you are accessing the Bounce Website from Australia;
- you are legally capable of entering into a binding contract;
- you are at least 16 years old;
- if you are under 18 years of age, that you have obtained your parent's or guardian's consent to sell your mobile device to Bounce for the price offered; and
- you and your parents or guardians release Bounce of any liabilities or claims that may arise if you send the mobile device to Bounce in breach of this warranty.
- If you are a consumer your statutory rights as a consumer are not affected by this contract.
By placing an order through the Bounce Website in the course of a business, you warrant that you are:
- authorised to act on behalf of the registered business;
- based in Australia;
- accessing the Bounce Website from Australia;
- you have all necessary licences (including any applicable second hand trading licence) to enable you to sell your device to Bounce; and
- legally capable of entering into a binding contract.
6 Mobile Devices
- Each mobile device sold should match the make and model in the sell order you have completed.
- Each mobile device that you send to Bounce will be classified by Bounce as either 'Working' or 'Non-working' in accordance with the following: For a mobile device to be classified as 'Working' it must:
- be capable of being turned on and off;
- be fully functional in accordance with its user manual;
- have a screen that is working and intact;
- have a working touch screen (if applicable) which must not be cracked;
- contain the battery; and
- not have any physical or liquid damage.
- contain the battery; and
- not be crushed or broken to the extent that it is scrap value only in the reasonable opinion of Bounce as Bounce DO NOT accept mobile devices in such condition.
- All initial prices offered by Bounce will be provided on the assumption that your mobile device falls under each of the requirements of the Working classification for the make and model of your mobile device.
- If, on Bounce’s examination, a mobile device you have sent to Bounce fails to meet the Working requirement set out above Bounce will propose an adjusted price by email as a Non-working device (the “New Offer’). If you choose to decline the New Offer, Bounce shall return the mobile device the cost of such return will be borne by Bounce. Adjusted orders for any Non-working device will be automatically processed for payment at the price set out in the New Offer if you do not reply to the New Offer within 7 days of notification of such New Offer to you. Bounce will have the sole discretion in determining the appropriate classification of your mobile device as ‘Working’ or ‘Non-working’ and by agreeing to these terms and conditions you acknowledge and agree that if you do not respond to the New Offer within 7 days a binding contract will be established between Bounce and you at the price set out in the New Offer. In addition, Bounce do not accept mobile device(s) that are crushed or broken to the extent that it is scrap value only. Any device(s) that are received by Bounce in this condition will be destroyed and not returned to you. No payment will be provided to you for such device(s).
7 Your responsibilities
- Bounce will accept mobile device battery chargers and accessories however these do not increase the value of your order.
- You are responsible for cancelling any network contract linked to each mobile device. Bounce is not responsible for any call costs arising before, or after, Bounce’s receipt of your mobile device, or arising from any other circumstances whatsoever.
- Please ensure you remove your SIM card before sending Bounce your mobile device. Bounce accepts no liability in the event that a SIM card is sent with a mobile device and charges are then incurred. You will continue to be responsible for such charges. Any SIM cards received by Bounce with your mobile device will not be returned and Bounce will destroy them.
8 Second-Hand Dealer Licence
- Bounce is a registered Second-Hand Dealer (Registration No. 2PS12534). As part of Bounce’s licence to operate with New South Wales Department of Fair Trading, Bounce is required by law to obtain proof of identity from every person attempting to sell goods to us. The required copies of proof of identity are detailed in the sales process and also defined below in clause 8 b). In addition to the proof of identity requirement, Bounce are required to submit the IMEI number of every mobile device Bounce purchase to a police data system that checks for reported lost or stolen property. The proof of identity requirement is part of Bounce’s licence requirement and is solely used for the purpose of helping police track down criminals.
- You must provide two proof of identity item’s 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:
- a passport;
- a drivers licence or learner drivers permit;
- proof of age card;
- licences issued under the Firearms Act 1996;
- forklift licence;
- full birth certificate/extract of birth;
- certificates of Australian citizenship;
- marriage certificate;
- health care card;
- medicare card;
- bank statement/mortgage documents;
- utility bill;
- pawnbroker’s licence/2nd hand dealer licence/pawnbroker and 2nd hand dealers licence;
- pensioner concession card;
- union card;
- employee pay slip;
- vehicle registration;
- tax file number document;
- department of social security document; or
- some identification cards issued by a tertiary education institution
- Bounce work with a number of agencies and service providers to enable Bounce to check the international mobile equipment identity number ‘IMEI’ of all mobile devices that are sent to Bounce to confirm that they are not stolen. Bounce may do this prior to confirming purchase. However, in the event that Bounce become aware of any issues at any time, Bounce reserve the right to withhold/cancel payment and you agree to co-operate with Bounce and any authorities should Bounce make such a request. The provision of the proof of identity is material condition of Bounce’s contract with you. If you do not provide the necessary proof of identity documents within 7 days of the Order Approved Date (as defined in clause 9 below) Bounce reserve the right withhold payment for your mobile device and/or contact the police about the relevant transaction.
a photocopy of one of the following form of identification:
- Prices offered on Bounce’s website are subject to change at any time without notice.
- When your order has been placed, the prices quoted are guaranteed for 14 days from the “Order Approved Date” (where the “Order Approved Date” is the date on which Bounce send you a confirmation letter or email and Postage Paid postal bag.) If your mobile device(s) is/are received after 14 days from the 'Order Approved Date’, Bounce will propose an adjusted price by email (the “New Offer’). If you choose to decline the New Offer, Bounce shall return the mobile device. Adjusted orders for Non-working devices will be automatically processed for payment at the price set out in the New Offer if you do not reply to the New Offer within 7 days of notification of such New Offer to you. Bounce will attempt to contact you if your mobile device is received after this Order Approved Date, if Bounce are unsuccessful in contacting you Bounce will process the order at the Price set out in the New Offer. By agreeing to these terms and conditions you acknowledge and agree that if you do not respond to the New Offer within 7 days a binding contract will be established between Bounce and you at the price set out in the New Offer.
- Bounce will pay for postage of your mobile device to Bounce through the Bounce Postage Paid postal bag provided. You can choose between two methods of delivery to Bounce, either through the courier collection bag that Bounce sends to you or through reply paid post in which you print off the necessary label to be included on the package which contains your mobile device. Unfortunately, other than when Bounce arranges courier collection, Bounce will not accept responsibility for non-delivery of mobile devices or damage in transit. (For the avoidance of doubt, in the event you choose to send your mobile device via the reply paid post method, this will not be covered by Bounce’s transit insurance and Bounce accepts no responsibility for non-delivery or damage to the mobile device in transit). Bounce therefore recommends if you utilise the reply paid postage method that you send any high value mobile devices via registered post to ensure successful delivery.
- Registered deliveries should be sent to Bounce at Bounce's Australian delivery location:
11 – 13 Ash Rd
- Bounce offer an option of bank transfer or PayPal payments to pay you for your mobile device and may offer other options at Bounce’s discretion. You will be required to select a payment option when placing each online sell order. Unfortunately, this payment option cannot be changed once the order is placed.
- When Bounce receives your mobile device, Bounce will check that it is complete, and that it meets Bounce’s terms and conditions. Providing it does, Bounce will make payment to you via bank transfer or PayPal, within 2 business days (business days’ means any day excluding the weekend and any public holiday in Victoria or New South Wales). Subject to additional time for processing for orders that contain 20 items or more (“Bulk Orders”). Generally Bulk Orders will take an additional 5 business days to be processed.
- Bank transfer payments can only be made to the account details given when placing the online order. Bounce cannot, under any circumstances, recall or reissue bank transfer payments once they have been made.
12 Proof of ownership
In the case Bounce is notified or suspects that the mobile device is either lost or stolen, Bounce may request further proof of ownership of the mobile 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 mobile device may be returned to you, or to the relevant authorities.
13 Bounce’s liability
Bounce will not be liable or responsible for any failure to perform, or delay in performance of, any of Bounce’s obligations under a contract that is caused by events outside Bounce’s reasonable control or due to Bounce’s compliance with any applicable laws or regulations.
- If any provision of these terms is void, unenforceable or contrary to law, such provision shall be deemed to have been excluded from these terms from the commencement of your contract and shall not affect any other provision hereof.
- These terms and the transactions contemplated by it are governed by, and construed in accordance with the laws of the state of Victoria, Australia and each party submits to the exclusive jurisdiction of the courts of the state of Victoria, Australia and the courts of appeal from them, for determining any dispute concerning this or the transactions contemplated by it.