MojoKnows Website - Terms and Conditions

Contents

Website terms and conditions goods and services to consumers, payment online

These are the trading terms and conditions of KJEW Investments Pty Ltd t/as MojoKnows. These terms and conditions regulate the business relationship between you and us. By using our Website in any way, or by buying from us, you agree to be bound by them. This concerns any orders or use of services such as the SMS service, TFN application or any other services provided by us. If you use one of our services you are automatically accepting our terms and conditions. If you don’t agree with them, please don’t use our services. No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult to make your purchase.

We are:

KJEW Investments Pty Ltd t/as MojoKnows

Our address is:
PO Box 295
Portarlington VIC 3223
Australia

Definitions

In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Goods” means any of the Goods we offer for sale on our Website
“Services” means any of the services we offer for sale on our Website and include generally available updates and support services so far as specified for each service.
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“Material” means Content of any sort posted by you on Our Website

Our contract with you

These terms and conditions apply:

1. So far as the context allows, to you as a visitor to Our Website; and
2. In any event to you as a buyer or prospective buyer of our Goods or/and Services.
3. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.
4. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
5. Unfortunately, we cannot guarantee that Goods or/and Services advertised on our website are available. If at any time a Service for which you have paid becomes unavailable, we will immediately refund any money you have paid. Our refund will cover the period of unavailability and not any period for which Services have been available.]
6. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
   • accept the alternatives we offer;
   • cancel all or part of your order;
7. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
8. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.
9. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Services.

Your account with us

1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
2. If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
4. We reserve the right to refuse you access to Our Website.

Price and Payment

1. We endeavour to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
2. Payments are billed in advance at the time of order.
3. Our Services will be provided by email / making them available for you to download / in the way we have explained in our Website.
4. If we are not able to provide your Services within 10 days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.
5. Once Service provision has started, you may cancel the Services at any time on giving us 21 clear days notice. Payment will be due until the expiry of the notice period.
6. We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on Our Website.
7. If we change the nature or provision of the Services, you may terminate this contract.
8. If a change we make in the provision of the Services, involves action on your part, and you do not take that action, we are entitled to terminate the Services to you without notice.
9. You may not share or allow others to use the Services in your name.
10. We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.
11. Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.
12. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
13. Prices include Australian good and service tax. If you show by your delivery address that you reside outside Australia, GST will be deducted at the payment point.
14. All payments by Credit Card attract a 2.5% Credit Card surcharge that is added to the final invoice amount.
15. All our credit card transactions are settled in AUD; we therefore convert any EUR amounts into AUD based on the current exchange rate, before we charge your credit card. Your bank will in turn convert the AUD amount into your local currency; however you will see the original AUD amount on your card statement as well.

Delivery

1. Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.
2. If we ourselves are not able to deliver your Goods, we shall notify you by e-mail or phone to arrange a later date for delivery and giving you the option of cancelling your order.
3. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
4. MojoKnows incurs no warranty for the correct delivery of your order. We recommend the shipment via registered post to avoid a late, incorrect or in worst case not delivered shipment.
5. Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.

Cancellation of an order

1. You may cancel your order at any time before we despatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it. Once we have processed your order, in particular if your order involves products are services that are customised for you, they cannot be cancelled.
2. Details of our after-sales service and guarantees, if any, are given on our website / in our catalogue.
3. If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.
4. If we shipped your order before the end of this duration (e.g. a fast shipment is required) a cancelation is not possible anymore.
5. A refund of partly used services, such as bought recharge vouchers, remaining credit on your phone or an existing mail service, is not possible.
6. The option to cancel your order is not available if the Goods are:
7. • perishable;
   • made or altered to your specification;
   • shrink wrapped or otherwise sealed electronic media such as software or DVD, which has been opened.
8. If you cancel your order after we have despatched the Goods, you must return them to us within 7 days in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged.
9. You are responsible for the cost of returning them.
10. A refund for an order done via SMS, email or phone is not possible for the following orders · Recharge of your phone · Request of a new SIM-PIN · Additional credits of the MojoKnows information service
11. To assist us in identifying your Goods on receipt by us, we ask you to telephone for a returns reference to be placed below our address / returns label.
12. If you fail to return the goods, within 14 days, we are entitled to arrange for their collection. If we do we shall look to you to repay us the cost of collection.
13. We will refund your money within 30 days.
14. This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way have provided the Services to you OR that the Goods are faulty.

Foreign taxes, duties and import restrictions

1. If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
   
2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

Goods returned

1. Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:
2. • exactly what is the fault;
   • the date, if relevant, when the fault became apparent;
   • when and how you discovered the fault;
   • how the fault affected your use of the Goods;
3. To do this, it is essential that you follow the instructions below. These provisions apply in the event that you return Goods to us because you say they are faulty:
4. You must tell us by email message to support@mojoknows.com.au or by letter to our land address at the top of this agreement, that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint. The Goods must be returned to us as soon as any defect is discovered.
5. So far as possible, Goods should be returned: with both goods and all packaging as far as possible in their original condition; securely wrapped; including our delivery slip; at your risk and cost.

Dissatisfaction with a Service

1. If for any reason you are not completely happy with your service purchase, just contact us within 30 days of the date of purchase, and we will refund your entire purchase price.
   • exactly why you think we have failed;
   • the date, if relevant, of the failure;
   • when and how you discovered the failure;
   • the result of the failure;
   • your suggestion as to action we should take to resolve the situation and restore your faith in us.
2. To do this, it is essential that you contact us by email at the Contact Point on Our Website.

Disclaimers

1. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
2. We give no warranty and make no representation, express or implied, as to:
   • the adequacy or appropriateness of the Goods for your purpose;
   • the truth of any Content on Our Website published by someone other than us;
   • any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used; compatibility of Our Website with your equipment, software or telecommunications connection.
3. Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
4. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods and/or Services.
5. In any event, including the event that any term or condition or obligation on our part ('Implied Term') is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
6. The above two sub paragraphs do not apply to a claim for personal injury.
7. We are not liable for any damage caused by products sold on our website. We do not work on reclamations or recalls made by the supplier. If you have questions concerning this cases, kindly contact the supplier directly.
8. MojoKnows is not responsible for network-dependent services and firmware, e.g. MMS. GPRS, WAP, SMS, Messaging, Voicemail, data transfer, network frequencies and all other features which present interactions with the service provider. The customer is responsible for the compatibility of his device with the product of the network provider. Network-depending services are not covered by our warranty.

Confidential Information, Content and Intellectual Property Rights

1. You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.
2. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
3. We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
4. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
5. You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
6. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

Your email address

1. You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
2. You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
3. You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
4. You agree that you are using our services and products in agreement with the local, national and international laws and regulations.

System Security

1. We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
2. You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
3. You may not use any software tool for the purpose of extracting data from our website.
4. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

Miscellaneous provisions

1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
2. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
3. Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
4. If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
5. No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
6. In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
7. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
8. This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Conditions for the use of our Mail Services

1. If you use our standard or digital mail service, then by agreeing to these Terms & Conditions you give us permission to receive physical mail (letters, parcels, postcards) that is addressed to yourself care of our PO Box on your behalf.
2. The mail forwarding depends on the service of Australia Post. There are many factors, such as the correctness of the delivery address or the acceptance of hotels or hostels, affecting the delivery of your item in Australia we can't influence. In no case MojoKnows can guarantee the delivery of mail which gets forwarded from us.
3. We will notify you of new mail via Email and forward the mail to you once you have provided a forwarding address that is valid long enough and, if applicable, paid the forwarding fee.
4. At a normal usage the forwarding is generally out of charge for 10 standard letters in one month within Australia (5 standard letters to New Zealand per month). You can find a detailed price sheet for the forwarding of non standard letters here (CREATE A LINK TO PRICE SHEET). We will charge your credit card for those forwarding services if necessary.
5. With the normal forwarding service (NOT digital mail service) we don't open your mail. The only exception are PIN numbers for your bank cards. Generally we forward a part of those in a SMS and the other part in an email for security reasons. Kindly let us know if you don't wish to follow this procedure -in this case we will forward the letter via registered post (subject to a charge).
6. We generally forward parcels and boxes via registered post. The forwarding costs depend on size and weight of the parcel and are about 5 € to 15 € according our experience. With the order of the mail forwarding service the customer agrees to bear the costs for the forwarding of parcels and boxes.
7. As long as you have a valid mail service with us we will store your mail. Once your mail service is expired, we will store your mail for another 4 weeks. If your mail hasn’t been forwarded to you within 4 weeks of your service having expired, we will destroy the mail.
8. You also give us and all of our authorised representatives permission to communicate with Australia Post on your behalf, with the purpose of facilitating the provisioning of the aforementioned services.

Extra Conditions for the use of our Digital Mail Service

If you use our digital mail service, then by agreeing to these Terms & Conditions you give us permission to open any mail that is addressed to yourself care of our PO Box on your behalf, for the purpose of scanning the mail and forwarding the contents of the mail to you electronically.

Conditions for the use of our TFN, Tax & SuperAnnuation Refund services

If you use our TFN, TaxBack or SuperAnnuation Refund service then by agreeing to these Terms & Conditions you give us and all of our authorised representatives permission to communicate with the Australian Tax Authorities on your behalf, with the purpose of facilitating the provisioning of the aforementioned services. This includes permission for us to open mail the ATO sends to you with the purpose of forwarding the information in the letter, i.e. your Tax File Number, to you in electronic form.

Please note that when you use our TFN Service you rely on your TFN being manually entered from a letter - in very rare circumstances there can be mistakes during that data entry process. While we do whatever we can to avoid mistakes, we cannot guarantee the correctness of the number. To avoid the very low likelyhood of these issues occuring, we highly recommend you use the TFNPlus service where you get a scanned version of the letter from the ATO showing the number.

Conditions for the use of our SIM Packages

1. If you purchase any of our products that contain SIM Cards (SIM Packages, WiFiBox etc) then by agreeing to these Terms & Conditions you give us and all of our authorised representatives permission to communicate with the relevant Australian Mobile Network Provider on your behalf, with the purpose of facilitating the provisioning of the aforementioned services.
2. With respect to the SIM based products you need to be aware that conditions for the use of these products can change at any point in time and even though we do our best to keep our website up to date we cannot make any guarantees that the information we display is totally current. Ultimately it is the conditions imposed by the Mobile Network Provider that determine the cost of using the SIM based product.
3. Any problems with these SIM based products with respect to, for example, but not limited to handset compatibility, call costs, internet access, ability to create a Hotspot, free usage allowance etc will ultimately need to be resolved between yourself and the mobile network provider, as we are only facilitating your usage of these products in Australia.
4. The validity of your device balance depends on the provider. The credit is valid in between 30 and 356 days after every recharge.
5. If you don't recharge your SIM card regularly the SIM gets deactivated by the network provider. At most of the providers the SIM needs to be recharged every 90 days to avoid a deactivation.
6. We aim to activate the SIM card with the details you provide us; in some cases this may not be possible, for example if your details cannot be verified. In those case we may provdie you with a SIM that has been pre-activated internally.

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