Terms of Use and Service

1. Introduction

1.1. The following Terms of Use and Service (“Terms”) are for the website located at www.googlepixelrepairs.com. (“Website”) and the Services offered through it. The Website is operated by Pixel Repairs, a company having its registered office located at 11/68 Davies Rd, Ashgrove 4060 Brisbane QLD (hereinafter referred to as “Company”). Any ancillary terms, guidelines, the privacy policy (the “Policy”) and other documents made available by the Website from time to time and as incorporated herein by reference, shall be deemed as an integral part of the Terms. In case of any conflict between these Terms and any of the above-mentioned documents, the Terms shall have a superseding effect. This Agreement sets forth the legally binding agreement between you as user(s) of the Website (hereinafter referred to as “you”, “your”, “User” or “Customer”) and the Company (hereinafter referred to also as “we”, “our” and “us”).

1.2. By accessing the Website in any manner, you give your consent and agree to be bound by the Terms.

2. Acceptance of the Terms of Use

2.1. You agree that your act of using our Website and services is subject to these Terms, which may be amended from time to time with or without your notice.

2.2. The Website is owned and operated by Pixel Repairs and is currently hosted in Sydney, Australia. The Company reserves the sole right to modify or discontinue, temporarily or permanently, and at any time, the Website and/or the Website Services (or any part thereof) with or without notice.

2.3. The Company or the Website management may modify these Terms from time to time, and any change to these Terms will be reflected on the Website with the updated version of the Terms and you agree to be bound to any changes to these Terms when you use the Website or the Website Services. The Website may also, in its sole and absolute discretion, choose to alert via email all users with whom it maintains email information of such modifications.

2.4. The Website uses cookies and by using the Website in any manner whatsoever, you also agree and consent to the use of cookies in accordance with the terms of the Privacy and Cookies policies.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE WEBSITE

3. Services and Obligations of the Company

3.1. The Company offers Mail and iPhone repair services to its customers. A customer may send his broken device from anywhere across Australia to its repair office located at (hereinafter referred to as “Repair Workshop”) after placing a repair order with the Company over email, mail or telephone. The customer is required to send instructions with regards to the issue/fault in the device along with description of the device.

3.2. The Company shall accept to repair only those devices for which the customers have placed an order.

3.3. Once the Company has received a broken device at the Repair Workshop, it shall be handed over to the relevant technicians who shall inspect the device keeping in mind the instructions received from the customer and decide whether or not it can be fixed.

3.4. In case if the Company decides after inspection of the device that the repairing cost of device will exceed the earlier quote, it shall intimate the customer of the same and only upon written confirmation will the Company initiate repairing process.

3.5. The Company shall only be responsible for a limited time of 3 Years when it replaces any part of device.

3.6. After fixing the phone, the technicians of the Company will inspect the device and then return to the customer.

3.7. The Company shall not cover any extra issue which might rise while fixing an issue. For instance, if a glass screen is replaced by the Company and subsequently, some issues pertaining to the Home button arise after repair, the Company shall only be responsible for the glass screen and not any other issue.

3.8. The Company shall not, in any way, be responsible for any delays in shipment, arrivals and returns of the device from and to the Company.

3.9. The Company shall not be responsible if the device reaches at the Repair Workshop in worse condition than what has been described by the customer.

3.10. The Company shall not be responsible if a device is lost, gone missing, broken, damaged on in any way affected during transit or in custody of courier service.

3.11. Customers are required to pay full amount of repairing fee as it is a condition precedent for returning of their device.

3.12. When a customer places an order for repair, he is deemed to declare and certify that he owns the device.

3.13. Every customer understands and acknowledges that:

  • The device might brick or completely breakdown during or as a result of repairing.
  • The device might fail while powering on or take several attempts for the same purpose.
  • Repairing fee is not refundable.
  • No warranty shall cover any physical damage and or hardware or software damage cause by liquid.
  • The Company shall not be responsible for any loss of personal information or data contained in the device.
  • The Company shall be responsible for any further damage that may be caused as a result of repair or any attempt thereof.
  • In case of water and liquid damage repairs, the company may ask for additional parts that will be quoted to the Customer after inspection at the Repair Workshop.

4. Payments

4.1. We use third-party payment processors such as credit card and/or PayPal to bill you for any purchases made through the Website via an external, third party payment system. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. The Company is not responsible for any and all errors by the payment processors. Any currency conversion fees and expenses are responsibility of our third-party payment processors, not us.

5. User responsibility

5.1. You agree that the use of the Website and/or the Website Services on the Website is subject to all applicable laws and regulations. You also agree:

  • to comply with the local laws or rules regarding online conduct and acceptable material;
  • not to use the Website for illegal purposes;
  • not to commit any acts of infringement on the Website or with respect to content on the Website;
  • not to create reviews or blog entries for or with any purpose or intent that does not in good faith comport with the purpose or spirit of the Website;
  • not to use the Website in a manner that may damage or cause performance issues to it;
  • not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without the express written consent of the Website owner;
  • not to access or otherwise interact with the Website using any robot, spider or other automated means; or
  • not to do any activity with regard to the Website that is fraudulent.

6. Prohibited Activities

6.1. You agree not to, and will not undertake, motivate, or facilitate the use or access of the Website and/or the Company by others to:

  • Infringe these Terms or allow, encourage or facilitate others to do the same;
  • Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party;
  • Disturb the normal flow of Services provided within the Website;
  • Obscure or edit any copyright, trademark or other proprietary rights notice or mark appearing on the Website;
  • Create copies or derivate works of the Website or any part thereof;
  • Pretend to be or misrepresent any affiliation with any legal entity or third party.
  • Remit or otherwise make or cause to deliver unsolicited advertising, email spam or other chain letters;
  • Otherwise reverse engineer, decompile or extract the Website’s source code;

6.2. You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Website and use of our Services, without refund, reimbursement, or any other credit on our part. Access to the Website may be terminated or suspended without prior notice or liability of the Company. You represent and warrant to us that you have all right, title, and interest to any and all content you may post, upload or otherwise disseminate through the Website. You hereby agree to provide the Company with all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for our Services.

7. Effect of Breach by user

7.1. Without limiting the generality of the provisions of these Terms, any user would be considered as being in breach of these Terms in any of the following circumstances, and at the Company’s final and sole discretion, if the Company has reason to believe that : (i) such user has intentionally or materially failed to perform its contract with such third party, including without limitation, where the user has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items user has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party; (ii) such user has used a stolen credit card or other false or misleading information in any transaction with a counter party; (iii) any information provided by the user is not current or complete or is untrue, inaccurate, or misleading; or (iv) such user’s actions may cause financial loss or legal liability to the Company or our affiliates or any other user(s).

7.2. Upon any factual or alleged breach by any user, for any cause, the Company shall have the right to impose a penalty, restrict, refuse and/or ban any and all current or future use of any other Service that may be provided by the Company. The penalties that the Company may impose include, among other things, warning, removing any product listing or other user content that the user has submitted, posted or displayed, imposing restrictions on the number of product listings that the user may post or display, or imposing restrictions on the user's use of any features or functions of any Service for such period as the Company may consider appropriate in our sole discretion.

8. Copyrights of Users

8.1. Unless you own or control the relevant rights in the material, you must not:

  • republish material from the Website (including republication on another website); or
  • sell, rent or sub-license material from the Website; or
  • show any material from the Website in public; or
  • redistribute material from the Website.

8.2. You must ensure that you do not violate third party rights of any kind, including without limitation, any intellectual property rights, rights of publicity, and privacy rights.

8.3. To the extent the user content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such user content and that the Company may exercise the rights to user content granted under this agreement without any liability or obligation for any payment.

9. Third party websites

9.1. The Website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. Goods and services of third parties may be advertised and/or made available on or through this web site.

9.2. The management of the Website has no control over third party websites and their contents, and subject to the Terms it accepts no responsibility for them or for any loss or damage that may arise from your use of them.

9.3. The Website may contain links from third party websites. You are solely responsible for complying with the terms and conditions for the third party sites. You acknowledge that the Company shall have no liability for any damage or loss arising from your access to any third party website, software, data or other information.

9.4. We do not always review the information, pricing, availability or fitness for use of such products and services and they will not necessarily be available or error free or serve your purposes, and any use thereof is at your sole risk. We do not make any endorsements or warranties, whether express or implied, regarding any third party websites (or their products and services). Any linked websites are ruled by their privacy policies, terms and conditions and legal disclaimers. Please read those documents, which will rule any interaction thereof.

10. Trade marks

10.1. The Website, its logos and its other registered and unregistered trademarks are trademarks belonging to the respective brands or companies or the Website. The Company, the Website and the management of the Website give no permission to you for the use of these trademarks, and such use may constitute an infringement of Intellectual Property rights.

10.2. A contract under the Terms is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

10.3. The exercise of the parties' rights under a contract under the Terms is not subject to the consent of any third party.

10.4. If the management of the Website believes that you have the Terms or are breaching (intentionally or unintentionally) third party copyrights the management of the Website may remove your content or may remove you as a user of our site.

11. License

11.1. You understand and agree that all trademarks, service marks and trade names of the Company used on the Website are its trademarks.

11.2. You also understand that iPhone® and iPad® are registered trademarks of Apple Inc., while Google and Pixel are trademarks of Google Inc. and our Company or Website are in no way affiliated with either of them. Neither we represent these companies nor do we have any business relationship with them.

11.3. You hereby grant to the Company and its affiliates, an unlimited, non-exclusive, assignable, transferable, sub-licensable, irrevocable, royalty free, perpetual and for all the countries and territories in the world, right and license to use any feedback, suggestion, enhancement, request, recommendation, correction or comment provided by you to the Company regarding the Website, and to exploit and otherwise incorporate it into the Website.

12. No endorsement

12.1. The images, texts, posts, information, photographs and other content and media displayed on or through the Website are not necessarily available and any results therefrom – which we cannot ultimately control are out of our ultimate and complete scope. Some or all of the images shown in the Website are licensed and/or purchased stock photos, and are only shown for illustration purposes.

12.2. You acknowledge and agree that the Company shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Website. Each registered user is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.

13. Term, Termination

13.1. The term hereof shall begin on the date that comes first among: (i) first access to the Website; (ii) your first access or execution of our Services; or (iii) the Company begins providing its Services to you.

12.2. You acknowledge and agree that the Company shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Website. Each registered user is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.

13.3. Upon expiration of these Terms or termination of your subscription to our Services, you shall thereafter immediately cease any and all use of our Services, along with any and all information and data collected therefrom.

14. Amendments

14.1. The Company hereby reserves the right to update, modify, change, amend, terminate or discontinue the Website, the Terms and/or the Policy, at any time and at its sole and final discretion. The Company may change the Website’s functionalities and (any) applicable fees at any time. Any changes to these Terms will be displayed in the Website, and we may notify you through the Website or by email. Please, refer to the date shown below for the date where effective changes were last undertook by us.

15. Disclaimer of Damages

15.1. In no event shall the Company be liable to you or to any third party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to: (i) damages for business interruption, loss of profits, loss of data, computer or software failure or inaccessibility or any other type of personal damages or losses arising out of or related to your use of or inability to use the Website, including negligence; (ii) any defect or nonconformance in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Website or the ability of the Sellers to complete a sale or the ability of Buyer to complete a purchase; and/or (iii) infringement of third party intellectual property rights.

15.2. The aforementioned limitation of damage liability, shall be in force regardless of however caused or however awarded, regardless of the theory of liability applied (including contract, warranty or tort), whether active, passive or imputed, including negligence, strict liability, product liability or other legal theory, regardless of the product or service offered by action or inaction by merchant; and even if you have been advised of such possibility.

15.3. To the fullest extent allowable under applicable law, the Company hereby expressly disclaims any and all representations and warranties of any kind with respect to the Website, including any and all liability arising out of or related to any purported facts or information and description of any information, products and/or Services displayed on our Website, including all warranties of any kind, whether express or implied; including, without limitation, warranties of title, merchantability, accuracy, completeness, condition, quality, durability, performance, accuracy, reliability, suitability, fitness for a particular purpose or non-infringement.

16. Indemnification

16.1. You hereby indemnify the Website and its management for any third party actions and content on the Website. The Website or its management is not obliged to monitor or review any actions that third party users post on our site. The Website and its management do not preview user communications before they appear on the site.

16.2. You indemnify the Website and its management for any time that the Website may be unavailable due to routine maintenance, updates or any other technical or non-technical reasons. You agree to indemnify the Website and its management for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to your published content, damages from lost profits, lost data or business interruption.

16.3. You hereby indemnify the Website and its management and will not hold them responsible for copyright theft, reverse engineering and use of your content by other users on the website.

17. Generals

17.8. Applicable Law. Your use of this Website and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of Brisbane, Australia, without regard to conflict of law principles.

17.7. Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.

17.6. Notices. All legal notices or demands to or upon the Company shall be made in writing and sent to the Company personally, by courier, certified mail, or facsimile, and shall be delivered to any address the parties may provide. For communications by e-mail, the date of receipt will be the one in which confirmation receipt notice is obtained. You agree that all agreements, notices, demands, disclosures and other communications that the Company sends to you electronically satisfy the legal requirement that such communication should be in writing.

17.5. No Waiver. Failure by the Company to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

17.4. Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.

17.3. Content Moderation. The Company hereby reserves the right, at its sole and final discretion, to review any and all content delivered into the Website, and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate.

17.2. Assignment. You may not assign or transfer these Terms by operation of law or otherwise without our prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of the Company’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

17.1. Advertisements and Promotions. From time to time, we may place ads and promotions from third party sources in the Website. Accordingly, your participation or undertakings in promotions of third parties other than the Company, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. The Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Website.