Core Supply APAC Pty Ltd (a Licensee of Refresh Communications) is utilising the Moorup Technology buy back platform, in the trade in or outright purchase from consumers of communication devices.

Moorup is a platform which allows individuals to offer their used refurbished technology devices to Moorup for sale.

1. General
   1. Refresh Communications Retail Trade-In program (‘Program’) is operated by Moorup Technology Pty Ltd (‘Moorup’) ABN 66 628 238 951. Moorup is registered as a Second-Hand Dealer.
2. Acceptance
   1. These terms and conditions (Terms) are entered into between Moorup (we, us or our) and, as applicable, the person registered on the Platform, or the individual accessing, or using, the Platform (you), together the Parties and each a Party. These Terms supplement and incorporate our privacy policy.
   2. The Platform is available at https://tradein.moorup.com.au, and may be available through other URLs, domain names, addresses or channels (Platform).
   3. You accept these Terms by registering on the Platform or using the Platform or the services.
   4. We may amend these Terms at any time. If you are a current account holder on the Platform, we will use all reasonable endeavours to notify you of any material changes to the Terms, either via the website or through email. By continuing to use the Platform you agree to the amended terms. If you do not agree to the amendment, you must cease use of the Platform.
3. Moorup’s Program & Platform
   1. The Platform is a marketplace where individuals can offer their refurbished technology devices (Products) for sale to Moorup who can purchase your Products.
   2. Moorup provides the Platform to you as a Seller, assists you to record the condition of your device(s) and allows us to determine an offer price, which you may /may not accept from us.
   3. Once we receive the device we will assess it based on the condition you submitted on our website and other conditions required to fully assess the device(s).
   4. Moorup has the right to reject any device. After assessment, Moorup may also offer you a lesser value for which you have the option to accept or reject it.
   5. If you choose not to accept our offer, we will at your request either send the device back to your original postal address or securely dispose of the device. In either case no trade-in credit will be applied.
4. Your Participation
   1. To participate in the Program you must be an individual who is a resident of Australia and be at least 18 years old to use the Platform. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf. If you are a parent or legal guardian allowing a minor to access and/or use the Platform, you agree to: (1) supervise the minor’s use of the Platform, (2) assume all risks associated with, and liabilities resulting from, the minor’s use of the Platform, (3) ensure that the content on the Platform is suitable for the minor, (4) ensure all information submitted to us by the minor is accurate and (5) provide the consents, representations and warranties contained in these Terms on the minor’s behalf.
   2. You must own all rights in any devices that you offer to Moorup and be legally entitled to sell the device.
   3. The condition and model number of the device(s) that you have provided to Moorup are accurate.
   4. If your device(s) has a blocked international mobile equipment identity (“IMEI”), it is not eligible for the Program. IMEI blocking usually occurs after a phone is reported lost or stolen and prevents you from making or receiving calls. You must confirm your phone is working normally before you trade it in.
5. Your Responsibilities
   1.Before sending your device to us, you are responsible for ensuring that your device does not contain any personal or confidential data and you authorise Moorup to perform a factory reset on the device and agree that neither Moorup nor Retailer are responsible for any loss or damage that may be caused by your failure to remove personal or confidential data from the device.
   2. You are responsible for cancelling any network contract or any other service linked to each device. You are responsible for removing your SIM card. Moorup is not responsible for any costs arising from your failure to cancel the network contract, any other service linked to your device or your failure to remove the SIM card.
   3. Any SIM cards received by Moorup with your device will not be returned and by shipping the device to us you authorise Moorup to destroy them.
   4. Before you send your device(s) to Moorup, you are responsible for ensuring any pin codes, security locks or device tracking features are removed from your device(s). If the device is locked with a pin code or security lock, or has device tracking still enabled when Moorup receives it, we will attempt to contact you via email. If you do not respond within 14 days and the device remains unable to be accessed due to a security feature then we may decline to purchase the device, and will securely dispose of the device with no trade-in credit will be applied.
   
6. Privacy and Proof of Identity
   1. As this transaction entails the sale of a second-hand device, Moorup as the purchaser and holder of the second hand dealers licence is required by law to obtain proof of identity from you. Proof of Identity may include but not limited to your Australian Drivers License or a copy of your passport. If you can’t provide any of these identification documents then we reserve the right to cancel the offer.
   2. All information that you provide us will be managed consistent with Moorup’s Privacy Policy which is available at https://moorup.com/wp-content/uploads/2020/05/Moorup-Privacy-Policy.pdf
   3. Any information collected by the Retailer will be used and disclosed on the terms and for the purposes (including marketing) set out in the Retailer’s Privacy Statement available at https://www.commbank.com.au/support/privacy.html
   4. Moorup and the Retailer may exchange information for the purpose of Moorup providing the Program to you.
7. Pricing and Readjustment
   1. We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as email or phone.
   2. You may communicate with the Seller privately using our private messaging service. You must not use the contact details to organise the purchase of the Products off the Platform.
8. Payment
   1. You agree to pay the Sale Price, plus any applicable delivery costs, to the Seller. If you order the Products from a Seller outside of your country of residence, you may need to pay custom charges or taxes to the relevant authority.
   2. Payment will be processed by us via the Platform, at the time the Buyer places an Order.
   3. We provide a number of payment methods on the Platform. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.
   4. In the absence of fraud or mistake, all payments made are final.
9. Warranties
   1. You represent, warrant and agree that: a.) you will not use
   our Platform, including the Content, in any way that competes with our
   business; b.) there are no legal restrictions preventing you from entering into
   these Terms; c.) all information and documentation that you provide to us in
   connection with these Terms is true, correct and complete; d.)          you have not relied on any
   representations or warranties made by us in relation to the Platform (including
   as to whether the Platform is or will be fit or suitable for your particular
   purposes), unless expressly stipulated in these Terms; and e.)   you will be responsible for the use of any
   part of the Platform, and you must ensure that no person uses any part of the
   Platform: (1) to break any law or infringe any person’s rights (including
   Intellectual Property Rights) (2) to transmit, publish or communicate material
   that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3)
   in any way that damages, interferes with or interrupts the supply of the Platform.
10. supply of the Platform. 10. Australian Consumer Law
    1. Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform or the Products (if you purchase the Products from us as a Seller) by us to you which cannot be excluded, restricted or modified (Statutory Rights).
    2. If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform or the Products (if you purchase the Products from us as a Seller) provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
    3. Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform and the Products if you purchase the Products from us as a Seller) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
    4. The goods provided by a Seller may also confer on you certain rights under the ACL.
    5. This clause will survive the termination or expiry of these Terms.
11. Exclusions to liability
    1. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with: a. your acts or omissions; b. any use or application of the Moorup Services by a person or entity other than you, or other than as reasonably contemplated by these Terms; c. subject to clause 2.3, any aspect of your interaction with Sellers, including the Products offered by the Seller; d. any works, services, goods, materials or items which do not form part of the Moorup Services (as expressed in these Terms), the provision of the Products by us as a Seller, or which have not been provided by us; e. any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Moorup Services or the provision of the Products by us as a Seller may be contingent on, or impacted by; f. the Moorup Services being unavailable, or any delay in us providing the Moorup Services to you, for whatever reason; and/or g. any event outside of our reasonable control. h. This clause will survive the termination or expiry of these Terms.
12. Limitations on liability
    1. Despite anything to the contrary, to the maximum extent permitted by law: a. we will not be liable for Consequential Loss; b. our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you; and c. our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Moorup Services, the Products if we provide the Products to you as a Seller, or $100.
    2. This clause will survive the termination or expiry of these Terms.
13. Termination
    1. Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in your Account page.
    
    2.We may terminate these Terms at any time by giving 30 days’ written notice to you (Termination for Convenience).
    
    3. We may suspend your Account or terminate these Terms and cancel your Account immediately upon written notice to you, if you breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us.
    
    4. Upon expiry or termination of these Terms: a. we will remove your access to the Platform; b. we will immediately cease providing the Moorup Services; c. you agree that any payments made by you to us are not refundable to you; and d. we will complete processing any existing Sales where we are the Seller of the Product.
    
    5. Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
    
    6. This clause will survive the termination or expiry of these Terms.
14. General
    1. Disputes: A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, this Agreement (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, the Dispute shall be resolved by arbitration in accordance with the Australian Centre for International Commercial Arbitration Rules. The seat of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English.
    
    2. Email: You agree that we are able to send electronic mail to you and receive electronic mail from you, in accordance with these Terms. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
    
    3. Entire agreement: This Agreement contains the entire understanding between the Parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
    
    4. Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
    
    5. Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
    
    6. Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
    
    7. Security: You agree to not do anything to prejudice the security or privacy of our systems or the information on them. You are solely responsible for ensuring that your access to and use of the Platform is safe and not exposed to the risk of viruses, malicious malware or other forms of interference that may damage your property.
    
    8. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
    
15. Definitions
    
    Consequential Loss includes any consequential loss, special loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
    
    Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
    
    Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
    
    Intellectual Property Breach means any breach by you of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).
    
    Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:

Moorup Technology Pty Ltd (ABN 66 628 238 951)

Business address: 21 Percy St, Heidelberg West VIC 3081

Telephone

Moorup is a platform which allows individuals to offer their used refurbished technology devices to Moorup for sale.

1. General
   
   1. Moorup’s Retail Trade-In program (‘Program’) is operated by Moorup Technology Pty Ltd (‘Moorup’) ABN 66 628 238 951. Moorup is registered as a Second-Hand Dealer (VIC Licence Number: SHD-0016444)
   
   2. Retailer Pty Ltd and its employees (“Retailer”), may promote elements of the Program, as an agent for Moorup.
   
2. Acceptance
   
   1. These terms and conditions (Terms) are entered into between Moorup (we, us or our) and, as applicable, the person registered on the Platform, or the individual accessing, or using, the Platform (you), together the Parties and each a Party. These Terms supplement and incorporate our privacy policy.
   
   2. The Platform is available at https://tradein.moorup.com.au, and may be available through other URLs, domain names, addresses or channels (Platform).
   
   3. You accept these Terms by registering on the Platform or using the Platform or the services.
   
   4. We may amend these Terms at any time. If you are a current account holder on the Platform, we will use all reasonable endeavours to notify you of any material changes to the Terms, either via the website or through email. By continuing to use the Platform you agree to the amended terms. If you do not agree to the amendment, you must cease use of the Platform.
   
3. Moorup’s Program & Platform
   
   1. The
   Platform is a marketplace where individuals can offer their usedtechnology
   devices (Products) for sale to Moorup who can purchase your Products.
   
   2. Moorup
   provides the Platform to you as a Seller, assists you to record the condition
   of your device(s) and allows us to determine an offer price, which you may /may
   not accept from us.
   
   3. Once we
   receive the device we will assess it based on the condition you submitted on
   our website and other conditions required to fully assess the device(s).
   
   4. Moorup
   has the right to reject any device. After assessment, Moorup may also offer you
   a lesser value for which you have the option to accept or reject it.
   
   5. If you
   choose not to accept our offer, we will at your request either send the device
   back to your original postal address or securely dispose of the device. In
   either case no trade-in credit will be applied.
   
   6. If after
   using our self-assessment tool, your device is deemed to have no value, then we
   may offer you a environmentally sustainable disposal service via a third-party
   Moorup partner.
   
4. Your Participation
   
   1. To participate in the Program you must be an individual who is a resident of Australia and be at least 18 years old to use the Platform. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf. If you are a parent or legal guardian allowing a minor to access and/or use the Platform, you agree to: (1) supervise the minor’s use of the Platform, (2) assume all risks associated with, and liabilities resulting from, the minor’s use of the Platform, (3) ensure that the content on the Platform is suitable for the minor, (4) ensure all information submitted to us by the minor is accurate and (5) provide the consents, representations and warranties contained in these Terms on the minor’s behalf.
   
   2. You must own all rights in any devices that you offer to Moorup and be legally entitled to sell the device.
   
   3. The condition and model number of the device(s) that you have provided to Moorup are accurate.
   
   4. If your device(s) has a blocked international mobile equipment identity (“IMEI”), it is not eligible for the Program. IMEI blocking usually occurs after a phone is reported lost or stolen and prevents you from making or receiving calls. You must confirm your phone is working normally before you trade it in.
   
5. Your Responsibilities
   
   1. Before
   sending your device to us, you are responsible for ensuring that your device
   does not contain any personal or confidential data and you authorise Moorup to
   perform a factory reset on the device and agree that neither Moorup nor
   Retailer are responsible for any loss or damage that may be caused by your
   failure to remove personal or confidential data from the device.
   
   2. You are
   responsible for cancelling any network contract or any other service linked to
   each device. You are responsible for removing your SIM card. Moorup is not
   responsible for any costs arising from your failure to cancel the network
   contract, any other service linked to your device or your failure to remove the
   SIM card.
   
   3. Any SIM
   cards received by Moorup with your device will not be returned and by shipping
   the device to us you authorise Moorup to destroy them.
   
   4. Before
   you send your device(s) to Moorup, you are responsible for ensuring any pin
   codes, security locks or device tracking features are removed from your
   device(s). If the device is locked with a pin code or security lock, or has
   device tracking still enabled when Moorup receives it, we will attempt to
   contact you via email. If you do not respond within 14 days and the device
   remains unable to be accessed due to a security feature then we may decline to
   purchase the device, and will securely dispose of the device with no trade-in
   credit will be applied.
   
6. Privacy and Proof of Identity
   
   1. As this
   transaction entails the sale of a second-hand device, Moorup as the purchaser
   and holder of the second hand dealers licence is required by law to obtain
   proof of identity from you. Proof of Identity may include but not limited to
   your Australian Drivers License or a copy of your passport. If you can’t
   provide any of these identification documents then we reserve the right to
   cancel the offer.
   
   2. All
   information that you provide us will be managed consistent with Moorup’s
   Privacy Policy which is available at
   https://moorup.com/wp-content/uploads/2020/05/Moorup-Privacy-Policy.pdf
   
   3. Any
   information collected by the Retailer will be used and disclosed on the terms
   and for the purposes (including marketing) set out in the Retailer’s Privacy
   Statement available at https://www.commbank.com.au/support/privacy.html
   
   4. Moorup and the Retailer may exchange information for the purpose of Moorup providing the Program to you.
   
7. Pricing, Pricing Readjustment and Payment
   
   1. Using an
   online tool we provide you via the platform, you are required to initially
   self-grade the device(s) you are offering Moorup. The tool contains certain
   cosmetic and functional criteria for calculating an indicative price (indicative
   price). Upon receiving the indicative price, you may accept or reject the
   indicative price. If you accept our offer you will then have 7 days to send
   your device to Moorup, once you have received a Moorup provided postage satchel
   or email advising how to ship the device(s) to us.
   
   2. If you
   do not send the device(s) within 7 days of having received the Moorup provided
   postage satchel or postage email, then Moorup reserves the right to cancel the
   indicative offer for your device(s).
   
   3. Within
   24 hours of receiving your device(s) at our facilities, we will assess your
   device(s).
   
   4. If there
   is no variation between your self-assessment and our own Moorup full assessment
   then we will pay you the value of the indicative offer immediately, via the
   nominated payment details you provided us during the initial quote process.
   
   5. If there
   is any variation between your self-assessment and our Moorup full assessment,
   then we will contact you via email, advising you of the re-assessed price (re-assessed
   price). You have the right to either accept or not accept the re-assessed
   price.
   
   i. If you
   accept our re-assessed price then we will pay you the re-assessed price amount
   immediately, via the nominated payment details you provided us.
   
   ii. If you
   don’t accept our re-assessed price, you can advise us via return email. We will
   send the device back to your original postal address or securely dispose of the
   device. No trade-in credit will be applied.
   
   iii. If we do not hear from you within 7 calendar days then we consider that you have accepted our re-assessed price. We will pay you the re-assessed price amount immediately, via the nominated payment details you provided us.
   
   6. In the absence of fraud or mistake, all payments made are final.
   
   7. Moorup makes no representations about the market value of a device or the price that you might be able to obtain elsewhere.
   
8. Transfer of Ownership
   
   1. Title in the device shall pass from you to Moorup upon payment to you for the device.
   
9. Compliance with these Terms and Conditions
   
   1. In the case Moorup is notified or suspects that the device is lost or stolen, Moorup may request further proof of ownership, such as receipts, tax invoices or carrier receipts. Moorup may also request that you provide any additional documents or information required by law. In the event that there is (in Moorup’s opinion) insufficient proof of ownership, the device shall be dealt with in accordance with the relevant law which may include, the device being returned to you, or the device being provided to the relevant authorities and in these circumstances Moorup reserves its’ right to cancel the transaction.
   
   2. If Moorup, or (Retailer) acting as Moorup’s agent, becomes aware or reasonably suspects that you have not complied with these terms and conditions Moorup and (Retailer) reserve the right to refuse your participation in the Program. If you have already sent your device to Moorup, Moorup will make reasonable efforts to return it to you (except where Moorup is required by law to provide the device to the relevant authorities)
   
10. Limitations on liability
    
    1. Moorup will not be liable or responsible for any failure to perform, or delay in the performance of, any of Moorup’s obligations under a contract that is caused by events outside Moorup’s reasonable control or due to Moorup’s compliance with any applicable laws or regulations.
    

For any questions or notices, please contact us at:

Moorup Technology Pty Ltd (ABN 66 628 238 951)

Business address: 21 Percy Street, Heidelberg West VIC 3081

Telephone: 1300 821 131

Email: support@moorup.com.auCore Supply APAC Pty Ltd (a Licensee of Refresh Communications)