Moorup Terms and Conditions

Our Disclosures:  

Our complete terms and conditions are contained below, but some important points for you to   
know before you participate in the Program are set out below:  

    • We may amend these Terms at any time by publishing updated terms on the Platform or by   
    email to you. [See clause 2.2]  
    • If you do not remove any pin codes, security, activation locks, tracking features, or if a   
    business, mobile device management from your Device before sending it to us, we may   
    securely dispose of the Device.  
    • We have no obligation to buy your Device. You will only be entitled to receive the value of   
    the Device based on our assessment. [See clause 4.6]  
    • Our liability under these terms is limited to the Indicative Price for the Device(s) the subject   
    of the relevant claim, and we will not be liable for consequential loss. [See clause 9.2]  
    • We will have no liability for failure or delay in providing the products or a breach of any law,   
    where such loss was caused or contributed to by any event or circumstance beyond our   
    reasonable control or act or omission of you or your related parties. [See clause 9.3]  

1. General  
    1.1 The Retail Trade-In program (Program) is operated by Moorup Technology Pty Ltd (we, us or  
    our) ABN 66 628 238 951, where you can offer your used technology devices (Devices) for sale   
    to us. We are registered as a Second-Hand Dealer (VIC Licence Number: SHD-0016444).  
    1.2 Sennheiser Australia Pty Limited ABN: 68 165 388 312 and its employees (Retailer), may   
    separately promote additional offers alongside the Program from time to time.  
    1.3 The Program is available via our online quoting tool at https://au.sennheiser-hearing.com, and   
    may be available through other URLs, domain names, addresses or channels (Platform).  
    1.4 These terms and conditions (Terms) are entered into between us and either a person or   
    business (You), as applicable being either:  
        (a) the person registered on the Platform, or the person accessing, or using, the Platform, or  
        (b) a business with a valid Australian Business Number (ABN) registered on the Platform, or the   
    business accessing or using the Platform; together the Parties and each a Party.   
    1.5 The Retailer is not a party to and does not have any involvement in the contract which is formed   
    between you and us under these Terms.  

2. Acceptance  
    2.1 You accept these Terms by registering an account on the Platform or using the Platform.  
    2.2 We may amend these Terms at any time. If you are a current account holder on the Platform, we   
    will notify you of any 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 can terminate these Terms and cease to use the Platform.

3. The Program  
    3.1 When using the Platform, you will be required to initially self-grade the Device(s) you are   
    offering to sell to us using a self-assessment online tool on the Platform. The tool contains   
    certain cosmetic and functional criteria for calculating an indicative price (Indicative Price) at   
    which we are offering to purchase the Device(s) from you (Indicative Offer), subject to clause 4. 
    MOORUP TERMS OF USE  
    3.2 Upon receiving the Indicative Offer, you may:  
        (a) accept the Indicative Offer and elect to be paid by way of a trade-in credit to your   
        nominated credit or debit card, in which case clause 4 applies; or  
        (b) reject the Indicative Offer.   
    3.3 If after using our self-assessment tool, your Device is deemed to have no value, then we may   
    refer you to an environmentally sustainable disposal service with a third party provider.  
    3.4 You acknowledge and agree that the Indicative Offer and your acceptance of the Indicative   
    Offer, does not require us to purchase your Device. After receiving your Device and undertaking   
    an assessment of its quality and functionality, we will determine, in our absolute discretion,   
    whether or not we will purchase your Device.   

4. Payment by way of trade-in credit to a credit or debit card  
    4.1 This clause 4 only applies where you have accepted our Indicative Offer and elected to receive   
    payment as a trade-in credit, paid by the Retailer on our behalf. When creating the initial offer,   
    you must provide us with valid credit or debit card details, for which the trade-in credit may be   
    applied (Payment Process).  
    4.2 You acknowledge and agree that the Retailer may securely store your nominated card details as   
    required for the purpose of processing and applying the trade-in credit.  
    4.3 Upon accepting the Indicative Offer, you will receive shipping instructions via email advising   
    how to ship the Device to us. You will then have 14 days to send your Device to us, as confirmed   
    by our shipping partner at the time of collection. If you fail to send us the Device for any reason   
    or fail to provide us the Device within that time frame, then we reserve the right to cancel the   
    Indicative Offer by way of written notice, in which case we will not be liable to pay you any   
    amount. To the extent that we receive the Device from you outside of the 14-day period and we   
    exercise our rights under this clause 4, then we will return the Device to you unless you advise   
    us otherwise.   
    4.4 Promptly after receiving your Device at our facilities, we will assess the quality and condition of   
    the Device against your self-assessment on the Platform’s online tool. We will act reasonably in   
    undertaking the assessment.  
    4.5 If we determine that there is no variation between your self-assessment and our own   
    assessment, then we will pay you the Indicative Price as soon as reasonably practicable, via the   
    payment process.  
    4.6 If we determine that there is any variation between your self-assessment and our own   
    assessment, then we will contact you via email, advising you of the Revised Price, or if we are   
    rejecting purchasing the Device. You have the right to either accept or not accept the Revised   
    Price by responding to our email.   
        (a) If you accept the Revised Price then we will pay you the Revised Price as soon as   
        reasonably practicable, via the payment process. Title and risk in the Device shall pass   
        from you to us upon our payment to you of the Revised Price.  
        (b) If you reject the Revised Price, or where we reject purchasing the Device, then we will, at   
        your election, either send the Device back to your original postal address or securely 
        MOORUP TERMS OF USE  
        dispose of the Device. No trade-in credit will be applied. Title and risk in the Device shall be   
        deemed to have never passed from you to us.  
        (c) (Other than where we have rejected purchasing the Device) if we do not hear from you   
        within 7 calendar days of being notified of the Revised Price via email, then we consider   
        that you have accepted the Revised Price and we will pay you the Revised Price as soon as   
        reasonably practicable, via the payment process. Title and risk in the Device shall pass   
        from you to us upon our payment to you of the Revised Price.  
    4.7 In the absence of fraud or mistake, all payments made by us under this clause 4 are final.  
    4.8 We make no representations about the market value of a Device or the price that you might be   
    able to obtain elsewhere. 

5. Promotional Trade-In Offers  
    5.1 The Retailer and/or Moorup may from time to time offer additional value as part of a   
    promotional trade-in offer (Promotion). Each Promotion will be subject to specific conditions,   
    timeframes and eligibility criteria for that Promotion, as outlined on the particular Promotion’s   
    offer page.  
    5.2 The relevant payment amount and method of payment will be as stated on the specific   
    Promotion page. Payments may be issued in the form of Retailer gift cards, loyalty points,   
    discounts on products, or direct monetary compensation, at ours and the Retailer’s discretion   
    for each Promotion.  
    5.3 To participate in any Promotion and the corresponding trade-in offer, you must agree to be   
    subject to the Promotion’s terms and conditions and eligibility criteria, which will include:-  
    (a) the purchase of a new eligible device from the Retailer within the promotional period   
    including the provision of the receipt details as proof of purchase; and  
    (b) submit a Promotion eligible working trade-in device for which the monetary trade-in value   
    will be assessed by us.  
    5.4 Any payment offered and/or paid as part of a Promotion is additional to and supplied separately   
    per the Promotion terms and is distinct from the payment provisions associated with the trade
    in Program detailed in clauses 4.  

6. Your Responsibilities   
    6.1 Before you send your Device(s) to us, you are responsible for ensuring any pin codes, activation   
    or security locks or Device tracking features or if a business, mobile device management 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 we receive it, we will attempt to contact you via email. If you   
    do not respond within 14 days and/or if the Device remains unable to be accessed due to a   
    security feature, then notwithstanding anything in these Terms:  
        (a) to the extent that clause 4 applies you will not be entitled to receive any amount from us.  
        We will then contact you to ask if you would prefer that we either return the Device to you (at   
        our cost) or send the Device to a third party recycling facility, and comply with your request. If   
        we do not hear from you within 7 days of contacting you, we will either, at our sole discretion,   
        return the Device to you (at our cost) or send the Device to a third-party recycling facility.   
    6.2 If your device is capable of holding User generated data (any form of valuable data capable of   
    being lost if your Device is reset or tested), before sending your Device to us you should take   
    steps to save or otherwise store your data in a safe location other than the Device.  
    6.3 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.  
    6.4 In accepting any Indicative Offer, you represent, warrant and undertake that:   
        (a) you own all rights in any Device(s) and are legally entitled to sell the Device(s) to us free   
        from any encumbrances; 
        (b) the Device(s) have not been illegally obtained by you; and  
        (c) that the Device(s) are in good working condition.   
    6.5 You warrant that any information that you have provided to us via the Platform (including in   
    respect of the Device(s) such as its condition and model number) are accurate.  
    6.6 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 Device is working normally   
    before you trade it in under the Program.  
    6.7 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 us to perform a factory reset on the   
    Device and agree that neither we 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 (including   
    without limitation in circumstances where we elect not to purchaser your Device and return it to   
    you).  
    6.8 You are responsible for cancelling any network contract or any other service linked to each   
    Device. You are responsible for removing your SIM card. We are 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.   
    6.9 Any SIM cards received by us with your Device will not be returned and by shipping the Device to   
    us you irrevocably authorise us to destroy such SIM cards.   

7. Privacy and Proof of Identity  
    7.1 As this transaction entails the sale of a second-hand device, we, as a holder of a second-hand   
    dealers licence, are required by law to obtain Proof of Identity from you. If you are an individual   
    person, Proof of Identity may include but not limited to your Australian Drivers License or a copy   
    of your passport. If you are a business you must provide us the company’s registered ABN. If   
    you can’t provide any of these identification documents then we reserve the right to reject your   
    participation in the Program.  
    7.2 You agree that all personal or where applicable, business information, that you provide us will   
    be collected, used, disclosed and held in accordance with our Privacy Policy (as amended from   
    time to time) which is available at https://moorup.com.au/privacy.   
    7.3 You agree that any of your personal or where applicable, business information, disclosed to or   
    collected by the Retailer will be used, disclosed and held in accordance with the Retailer’s Privacy   
    Policy (as amended from time to time) available at: https://au.sennheiser
    hearing.com/policies/privacy-policy  
    7.4 You acknowledge and agree that we and the Retailer may disclose to each other your personal   
    or business information in connection with providing the Program to you, for marketing and   
    promotional purposes and for any other purposes outlined in the Retailers privacy policy.  

8. Compliance with these Terms and Conditions  
    8.1 In the case we are notified or suspect that the Device is lost or stolen, we may request further   
    proof of ownership, such as receipts, tax invoices or carrier receipts. We may also request that   
    you provide any additional documents or information required by law. In the event that there is   
    (in our 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 we reserve our right to   
    immediately terminate your involvement with the Program. 
    8.2 If we, or Retailer, become aware or reasonably suspect that you have not complied with these   
    Terms, we and Retailer reserve the right to refuse your participation in the Program. If you have   
    already sent your Device to us, we will make reasonable efforts to return it to you (except where   
    we are required by law to provide the Device to the relevant authorities).  

9. Limitations on liability  
    9.1 Nothing in these Terms attempts to modify or exclude the conditions, warranties and   
    undertakings, and other legal rights, under the Australian Consumer Law.   
    9.2 To the maximum extent permitted by law:   
        (a) our maximum aggregate liability arising from or in connection with the Terms will be   
        limited to, and must not exceed, the Indicative Price for the Device(s) the subject of the   
        relevant claim; and  
        (b) we will not be liable to you for any loss of profit (including anticipated profit), loss of   
        benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill,   
        loss of opportunity, loss of savings (including anticipated 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.  
    9.3 We will not be liable or responsible for any failure to perform, or delay in the performance of,   
    any of our obligations under these Terms or any law that is caused by events outside our   
    reasonable control or due to any act or omission of you or your related parties. We are not liable   
    or responsible for any acts or omissions of Retailer.  

10. Warranty  
    If a business, you represent and warrant that:  
        (a) you have full legal capacity, right, authority and power to enter into this Agreement, to   
        perform your obligations under this Agreement, and to carry on your business; and  
        (b) this Agreement constitutes a legal, valid and binding agreement, enforceable in   
        accordance with its terms.  

11. General  
    11.1 Notices: Any notice given under these Terms must be in writing. 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.  
    11.2 Assignment: You must not assign any rights or obligations under these Terms, whether in   
    whole or in part, without our prior written consent.   
    11.3 Entire agreement: The Terms and our Privacy Policy contain the entire understanding and   
    agreement between you and us in respect of their subject matter.  
    11.4 Governing law: These Terms are governed by the laws of Victoria, Australia. Each Party   
    irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in   
    Victoria, Australia and any courts entitled to hear appeals from those courts and waives any   
    right to object to proceedings being brought in those courts.  
    For any questions or notices, please contact us at:  
    Moorup Technology Pty Ltd (ABN 66 628 238 951)  
    Business address: 34 Korong Road, Heidelberg West VIC 3081  
    Telephone: 1300 290 594
    Email: partnername@moorup.com.au