PTC Care Plus Terms and Conditions

1.      TERMS, ACCEPTANCE AND INTERPRETATION

1.1 These terms and conditions (Terms) set out the agreement between you and PTC Phone Tech & Comm (the Agreement) in relation to your purchase and use of PTC Care Plus (the Program).

1.2 You acknowledge that you have read and fully understood these Your use of the Program, upon the Start Date, constitutes unconditional acceptance to be bound by these Terms as may be amendedfrom time to time.

1.3 Words and phrases which appear in bold are defined in the context which they appear or in the definition clause 13 below.

1.4 A reference to “you” and “your” means the customer who seeks to enrol or has enrolled for the Program.

1.5 Australian Consumer Law and Consumer Guarantees– Our goods and services, including PTC Care Plus come with statutory Consumer Guarantees that cannot be excluded under the Australian Consumer If your Registered Device suffers a defect or failure which is covered by a Consumer Guarantee, you are entitled to a repair, replacement or refund (at PTC Phone Tech & Comm’s discretion) for a minor failure or a refund or compensation for a major failure only related to works completed by PTC Phone Tech & Comm through the PTC Care Plus Program.

2.      PROGRAM OVERVIEW

Subject to these Terms, PTC Care Plus permits you to repair your Registered Device as many times as is deemed reasonable and not subject to purposeful, deliberate, or intentional damage for 12 months from the Start Date.

3.      ENROLMENT

3.1 Eligibility Criteria – In order to apply for enrolment for the Program for an Eligible Device you must:

     3.1.1 provide your full name and email address; and

     3.1.2 pay the upfront Fee (if applicable).

3.2 Time of application – You may make your application either:

     3.2.1 at the time you purchase your Eligible Device by;

          (a) providing the IMEI number of your Eligible Device;

          (b) confirmation that your Eligible Device is in your possession and in good working order by:

               (i) uploading an image of back of your Device and an image of the front of your Device with the IMEI displayed on screen; and

               (ii) completing a declaration about the condition of your Device.

3.3 Acceptance and rejection

     3.3.1 If your application to enrol in the Program is unsuccessful, PTC Phone Tech & Comm will inform you of this (by email, telephone or SMS) within:

          (a) 30 days of your application.

Otherwise, the Start Date of your Subscription to the Program is the date upon which you receive your Eligible Device, which has been registered under the Program.

     3.3.2 Your application may be unsuccessful:

          (a) if you have previously been rejected or terminated from the Program

or service similar to the Program; or

          (b) if you make a Post Purchase Application and:

               (i) fail to comply with the requirements in clauses 3.2.2(a) and 2.2(b); or

               (ii) the images you upload of your Device indicate that your Device is not in good working order, as reasonably determined by

          (c) for any other reasons in PTC Phone Tech & Comm’s reasonable

     3.3.3 Your application for enrolment in the Program may be rejected or your Subscription to the Program may be terminated within 30 days of your application date if any of the eligibility criteria in clause are not met.

     3.3.4 Upon enrolment into the Program, your Eligible Device will become your Registered Device.

3.4 Enrolment conditions – You may enrol multiple Eligible Devices (each with a separate IMEI and MDN) under separate Subscriptions. You will be charged an Enrolment Fee for each enrolled Eligible Device and each Subscription will have separate

4.      FEES

4.1 Enrolment Fee – You will pay the applicable fee provided to you immediately prior to your application for enrolment (Enrolment Fee):

4.2 Inoperable Device – If you submit a Registered Device as part of a Repair and it is:

     4.2.1 disabled or locked (including IMEI blocked) and PTC Phone Tech & Comm is not able to remedy this; and/or

     4.2.2 has missing or customized parts, (either, an Inoperable Device), your Repair Request will be cancelled; and/or

     4.2.3 PTC Phone Tech & Comm are unable to unlock or enable the Inoperable Device or take other steps to make the Inoperable Device operable; or

4.2.4 Properly determine the fault of the device

4.3 If you do not comply with either clause 4.6.3 or 4.6.4 (as the case may be), PTC Phone Tech & Comm will charge you an Inoperable Device Fee. You authorise PTC Phone Tech & Comm to charge your Payment Method for the PTC Phone Tech & Comm Fee. PTC Phone Tech & Comm will return the Inoperable  Device to you and charge you for the delivery fees. You authorise PTC Phone Tech & Comm to charge your Payment Method for the delivery fees.

4.4 Device Repair Claims – If the Registered Device has been subject to a Third Party Repair Centre or suffered Intentional Damages then PTC Phone Tech & Comm will:

     4.4.1 reject the Repair Request at the time the Registered Device is received and your Member Repair Pricing will be considered cancelled. PTC Phone Tech & Comm will refund the Member Repair Pricing Fee by cash or bank transfer;

     4.4.2 upon your request, return the Registered Device to you at your cost. You authorise PTC Phone Tech & Comm to charge you for the delivery fees.

4.5 GST – All fees set out in this clause and throughout these Terms are inclusive of In the event of a change to the rate of GST, PTC Phone Tech & Comm reserves its right to adjust the Fees and prices accordingly.

5.      REPAIR

5.1 The PTC Phone Tech & Comm Repair Terms and Conditions can be found at https://www.ptc.net.au/terms-and-conditions/

6.      TERM AND TERMINATION

6.1 PTC Phone Tech & Comm will supply the Program to you from the Start Date until it is terminated inaccordance with this

6.2 Termination by you – You can terminate your Subscription to the Program at any time.

6.3 Termination by PTC Phone Tech & Comm PTC Phone Tech & Comm may immediately terminate your Subscription to the Program and the Agreement at any time if PTC Phone Tech & Comm reasonably believes that:

     6.3.1 you are using the Program (whether intentionally or not) in a way that may adversely impactthe reputation of PTC Phone Tech & Comm;

     6.3.2 you are using the Program in a manner which is, or is reasonably believed to be:

          (a) fraudulent, illegal or related to any criminal activity; or

          (b) intended to make a commercial gain;

     6.3.3 you have breached, or are likely to breach, these Terms;

     6.3.4 you are or may become bankrupt or unable to pay your debts as they fall due;

     6.3.5 you have provided PTC Phone Tech & Comm with incorrect, false or incomplete information;

     6.3.6 you have not paid any amounts due to PTC Phone Tech & Comm under these Terms for a period exceeding 30 days from its due date; or

     6.3.7 you are likely to create imminent harm or harass or are abusive to any personnel of PTC Phone Tech & Comm and its partners.

6.4 Automatic – Your Subscription to the Program and the Agreement will terminate immediately if PTC Phone Tech & Comm discovers that you have transferred, sold, displayed for sale, or let on hire your Registered Device. Your Subscription cannot be transferred to another person, and any person who acquires your Registered Device will not have any benefit under these Terms.

6.5 Consequences of termination –

     6.5.1 Reactivation Fees – If your subscription to the Program has been terminated in relation to a Registered Device, your subscription to the Program can only be reactivated for thatRegistered Device by back paying the missing months sequential to the last recorded Subscription date to the present month.

7.      CHANGE OF REGISTERED DEVICE

Your Registered Device may change once to a new Registered Device only once from the first Subscriptionpayment made within a 12-month payment period except for:

7.1 the change made pursuant to a Replacement Device; or

7.2 the exchange of your Registered Device under a warranty scheme or statutory Consumer

7.3 You must inform PTC Phone Tech & Comm through the PTC Customer Service Team of any changeunder clause 7.2 and provide proof of the exchange where necessary in order for PTC Phone Tech & Comm to update its records with the IMEI of the new Device, from which time the new Device willbecome the Registered

8.      DATA PRIVACY

8.1 The PTC Phone Tech & Comm Privacy Policy can be found at https://www.ptc.net.au/privacy-policy/

8.2 Consent – You also agree that by signing up to the Program you agree and consent to the terms in clause 8.1.

9.      MISCELLANEOUS

9.1 Changes – The features and services of the Program, these Terms and the Fees are subject to change. PTC Phone Tech & Comm will notify you of any changes related to your Subscription through the PTC Care Plus portal or through Email.

9.2 Governing law – The Agreement will be governed by and construed in accordance with thelaws of Queensland.

9.3 Entire agreement – This Agreement represents the parties’ entire agreement in relation to PTC Care Plus + and supersedes all prior representations, communications, agreements, statements and understandings, whether oral or in

10.    ENQUIRIES

If you have any queries, complaints, claims or feedback regarding the Program, please contact PTC Phone Tech & Comm through the PTC Customer Service team.

11.    DEFINITIONS

11.1 Acceptance Date means the date when PTC Phone Tech & Comm accepts your enrolment.

11.2 Business Day means any day except Saturday and Sunday and any public holiday recognised inthe State of Queensland.

11.3 Courier means a third-party logistics agent appointed by PTC Phone Tech & Comm to makedeliveries in relation to the Program.

11.4 Credit Card includes: VISA and MasterCard credit cards or any other credit card advised to you atthe time of payment.

11.5 Customised Mobile Device means a Device that has been customised or repaired through a third party repairer not recognized by PTC Phone Tech & Comm or the original manufacturer.

11.6 Data Privacy Laws means Commonwealth, State and/or Territory legislation in relation to the collection, use, storage, transfer, security or disclosure of any personal information, including (without limitation) the Privacy Act 1988 (Cth).

11.7 Device means an Australian variant of a mobile device that:

     (a) has a display screen;

     (b)supports one or more wireless network connectivity options; and

     (c) is operated using voice, touch or a miniature keyboard. It does not include any Device Accessories.

11.8 Device Accessory means anything that is either:

     (a) provided by PTC Phone Tech & Comm or any other institution or company, as the original manufacturer, in the box with a Device; or;

     (b) sold separately to be used in conjunction with a Device. It includes:

               (i) SIM cards;
               (ii)memory cards;
               (iii)chargers;
               (iv)ear buds;
               (v)boxes;
               (vi)cases;
               (vii)cables;
               (viii)mounts; and
               (ix)docking

11.9 Device Category means the tier outlined for your Registered Device as advised in your Agreement and the supported Device list on the Website at the time of your enrolment.

11.10 Eligible Device means a Device supplied to you:

     (a) In good working order and;

     (b) Listed as eligible on the PTC Care Plus eligibility page

11.11 Enrolment Fee has the meaning given to that term in clause 1.

11.12 Fees means the fees set out in clause and clause 6.

11.13 IMEI means the international mobile equipment identity number of a device.

11.14 Inoperable Device Fee is an inspection and handling fee under the terms provided in clause 5.

11.15 Hardware Modification means any modification made to a Device’s hardware not undertaken or authorised by the original manufacturer or PTC Phone Tech & Comm under the PTC Care Plus program.

11.16 Modification means Software Modification or Hardware Modification or

11.17 Personal Information means information or an opinion about an identified individual or an individual who is reasonable identifiable:

     (a) whether the information or opinion is true or not; and

     (b) whether the information or opinion is recorded in a material form 

11.18 Post Purchase Declaration means a web form completed by you regarding the condition of your Eligible Device.

11.19 Registered Device means an Eligible Device that PTC Phone Tech & Comm has registered with reference to its IMEI for the Program in accordance with these Terms.

11.20 Retail Store means any PTC Phone Tech & Comm branded shop front or kiosk.

11.21 PTC Phone Tech & comm means PTC Phone Repairs PTY LTD (ABN 34 165 281 676)

11.22 PTC Care Plus Portal means an on-line web portal, which may be accessed via the Website, andwhich Subscribers will use to lodge claims against the current benefits listed.

11.23 Start Date is the date Enrolled into the

11.24 Subscriber means a subscriber to the Program, who has complied with all eligibility criteria andhas been accepted into the

11.25 Subscription means your subscription to the Program, pursuant to these

Terms and your Agreement with PTC Phone Tech & Comm.

11.26 Website means the PTC Phone Tech & Comm