1.1. Welcome to SimCorner Pty Ltd (Trading as SimCorner) (Application). The Application provides you with an opportunity to browse and purchase various products that have been listed for sale through the Application (Products). The Application provides this service by way of granting you access to the content on the Application (Purchase Services).
1.2. The Application is operated by SimCorner Pty Ltd (trading as SimCorner) (ACN 161 420 542). Access to and use of the Application, or any of its associated Products or Purchase Services, is provided by SimCorner Pty Ltd (trading as SimCorner). Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Purchase Services, immediately.
1.3. SimCorner Pty Ltd (trading as SimCorner) reserves the right to review and change any of the Terms by updating this page at its sole discretion. When SimCorner Pty Ltd (trading as SimCorner) updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by SimCorner Pty Ltd (trading as SimCorner) in the user interface.
(a) In order to access the Purchase Services, you must first register as a user of the Application. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(b) You warrant that any information you give to SimCorner Pty Ltd (trading as SimCorner) in the course of completing the registration process will always be accurate, correct and up to date.
(c) Once you have completed the registration process, you will be a registered member of the Application (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
(d) You may not use the Purchase Services and may not accept the Terms if:
(a) As a Member, you agree to comply with the following:
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify SimCorner Pty Ltd (trading as SimCorner) of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of SimCorner Pty Ltd (trading as SimCorner) providing the Purchase Services;
(e) you will not use the Purchase Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
(f) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by SimCorner Pty Ltd (trading as SimCorner) for any illegal or unauthorised use of the Application; and
(g) you acknowledge and agree that any automated use of the Application or its Purchase Services is prohibited.
(a) In using the Purchase Services to purchase the Product through the Application, you will agree to the payment of the purchase price listed on the Application for the Product (Purchase Price).
(b) Payment of the Purchase Price may be made through one of the following third party providers: Shopify, Stripe, Visa, MasterCard, American Express (Payment Gateway Providers). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
(c) Following payment of the Purchase Price being confirmed by SimCorner Pty Ltd (trading as SimCorner), you will be issued with a receipt to confirm that the payment has been received and SimCorner Pty Ltd (trading as SimCorner) may record your purchase details for future use.
(d) SimCorner Pty Ltd (trading as SimCorner) may offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this Terms and Conditions.
(e) Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.
(f) SimCorner Pty Ltd (trading as SimCorner) may, at their sole discretion, provide a refund on the return of the Products within 60 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
(a) You acknowledge that the Purchase Services offered by SimCorner Pty Ltd (trading as SimCorner) integrate delivery (Delivery Services) through the use of third party delivery companies (Delivery Service Providers).
(b) In providing the Purchase Services, SimCorner Pty Ltd (trading as SimCorner) may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that SimCorner Pty Ltd (trading as SimCorner) is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
(c) In the event that an item is lost or damaged in the course of the Delivery Services, SimCorner Pty Ltd (trading as SimCorner) asks that you:
(a) SimCorner Pty Ltd (trading as SimCorner)'s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (Warranty).
(b) You may make a claim under this clause (Warranty Claim) for material defects and workmanship in the Products within 90 days from the date of purchase (Warranty Period).
(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to SimCorner Pty Ltd (trading as SimCorner) showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to SimCorner Pty Ltd (trading as SimCorner) by email at support@simcorner.com.
(d) Where the Warranty Claim is accepted then SimCorner Pty Ltd (trading as SimCorner) will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
(e) The Warranty shall be the sole and exclusive warranty granted by SimCorner Pty Ltd (trading as SimCorner) and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
(f) All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
(g) The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
(a) The Application, the Purchase Services and all of the related products of SimCorner Pty Ltd (trading as SimCorner) are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Application (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes, and are reserved by SimCorner Pty Ltd (trading as SimCorner) or its contributors.
(b) SimCorner Pty Ltd (trading as SimCorner) retains all rights, title and interest in and to the Application and all related content. Nothing you do on or in relation to the Application will transfer to you:
(c) You may not, without the prior written permission of SimCorner Pty Ltd (trading as SimCorner) and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
SimCorner Pty Ltd (trading as SimCorner) takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to SimCorner Pty Ltd (trading as SimCorner)'s Privacy Policy, which is available on the Application.
(a) You acknowledge that SimCorner Pty Ltd (trading as SimCorner) does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
(b) SimCorner Pty Ltd (trading as SimCorner) will make every effort to ensure a Product is accurately depicted on the Application, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Application.
(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law:
(e) Use of the Application, the Purchase Services, and any of the products of SimCorner Pty Ltd (trading as SimCorner)(including the Delivery Services), is at your own risk. Everything on the Application, the Purchase Services, and the Products of SimCorner Pty Ltd (trading as SimCorner), are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of SimCorner Pty Ltd (trading as SimCorner)(including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of SimCorner Pty Ltd (trading as SimCorner)) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of SimCorner Pty Ltd (trading as SimCorner). Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, SimCorner Pty Ltd (trading as SimCorner) will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
The Purchase Services offered by SimCorner Pty Ltd (trading as SimCorner) is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
The Simcorner UK mobile message service (the "Service") is operated by SimCorner UK (“Simcorner UK”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Simcorner UK’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Simcorner UK through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Simcorner UK. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to SimcornerUK or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Simcorner UK mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to SimcornerUK or email support@simcorner.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
