Provision of services

These Terms and Conditions (“Terms”) will govern the Services provided by Yes Tech to you. Importantly, it outlines both your responsibilities and Yes Tech’s while providing the Services.

By using our Services, you agree that you have read, understand and agree to be bound by our Terms and Conditions.

Please note that our Services are only available to those over 18 years of age.

iPhone, iPod, iPad, MacBook and iMac are trademarks of Apple inc. Android is a trademark of Google Inc. Samsung Galaxy S and Samsung Galaxy Note are trademarks of Samsung Group Sony Xperia is trademarks of Sony. All other trademarks are the property of their respective owners. YesTech and its products are no way endorsed, sponsored or affiliated with any of the above mentioned entities or subsidiaries thereof. Yestech makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the listing or the information, products, service, or related graphics contained on the listing for any purpose. Any reliance you place on such information therefore strictly at your own risk. We will not be held responsible for any misuse or misrepresentation of our products.

Our Services

YesTech will use its best endeavours to: Services YesTech provide relate to sales and repairs and includes:

• Mobile phone repair
• Tablet repair
• Laptop and computer repair
• Parts sales (“Services”)

Price

A quotation made by Yes Tech is not an offer to provide Services. Yes Tech will not be bound to provide Services to you until our offer is accepted in writing.

To get services from Yes Tech

To avail YesTech Services, please provide your personal details (including your device PIN) together with details concerning the failure of the device requiring repair and the device to us. Your personal details and repair request will be recorded by YesTech.

YesTech will provide a copy to you. Once the quote is approved you will leave the device with YesTech for assessment and repairs.

Prior to YesTech performing the Services, we will undertake an inspection of your device in order for us to assess the correct Services required to meet your needs. We may charge a flat AUD$30 fee for this inspection. If you decide to proceed with using Services, the fee will be credited towards your repairs. If you decide not to proceed with our Services, then you may be liable to pay the inspection fee.

Please note after the inspection of your device, YesTech will provide a risk assessment prior to performing the Services. Any risk identified by us is borne entirely by you once you confirm we are to proceed to provide the Services.

Guarantee, Indemnity and Warranty

YesTech will use its best endeavours to:

1. provide the Services with all the skill, care and diligence to be expected from a qualified, competent and experienced provider of the services of a similar scope and complexity as the Services;
2. ensure that the Services are carried out by our employees or agents who are properly trained, experienced to perform those Services;
3. use our best endeavours to ensure suppliers perform their obligations to us in connection with these Terms, including preventing any loss you may incur through the failure of suppliers to perform their obligations properly;
4. act in your best interests in connection with these Terms; and
5. provide the Services in a timely and efficient manner.

Our warranty is for 30 days and is limited to the re-performance of the specific Services performed on your device (under no circumstances will YesTech be required to replace your device with a new device). The warranty cannot be relied upon where the Services fail as a result of a further fault (by way of example only, where the new fault is a cracked screen which causes previously repaired speakers to fail). The warranty is valid only for the specific device repaired and the original customer and is not transferable across devices or if the device is sold and/or given to another individual. Our warranty does not cover any physical damage or liquid damage caused to your device by you or as a result of any act or omission by you.

YesTech is not responsible for re-performing any Services, if you fail to give notice of any defect in the Services performed by YesTech within the time period prescribed above. Furthermore, we will not be responsible for any defect alleged by you that is not connected to the Services supplied by us, any inherent defect in the product for which YesTech is not responsible, or any loss or damage of data stored on your device.

You acknowledge that, in purchasing any of our Services, you have not done so in reliance on any representation, warranty or other provision except as expressly provided for in these Terms.

You indemnify us against any loss incurred by us as a result of your failure to abide by these Terms, or as a result of your mis-use of our Services

Your Responsibilities

You are responsible for your conduct and ensuring that you comply with these Terms.

In particular, during the performance of the Services, you must:

1. co-operate with YesTech as we reasonably require;
2. provide the information and documentation that YesTech reasonably require;
3. ensure that: All data and files on your mobile phone or electronic device has been backed up prior to us performing the Services;
4. use by us or any person authorized by us of any material (including, but not limited to video, audio, information, data, text software, images, scripts, graphics, logos or interactive features) will not infringe the rights (including Intellectual Property Rights) of any person or give rise to any obligation on our behalf (or any person authorized by us) to pay compensation or royalty to any person;
5. the information and material provided by you to YesTech is accurate and true.

Prices and Payment

The price of our Services will be in $AUD (inclusive of GST) and payable at the time of purchase of the Services. Prices quoted by us will include all parts and other charges or other taxes or charges that may apply at the time of invoicing unless specifically stated otherwise.

Intellectual Property and Confidential Information

As a business we respect the right to intellectual property and confidential information and require you to do so as well. If YesTech provide you with any confidential information, you will keep this information confidential and not disclose it to any third party without prior consent from us or unless legally obliged to do so. This confidentially obligation also applies to us. We will store your information in accordance with our Privacy Policy (available to be read on our website).

If you wish to discontinue using our Services

You may initiate the discontinuation of our Services.

However, as a business we retain the right to suspend or end our Services at any time, without the provision of notice. For example, we may end our agreement to provide Services to you for failing to comply with these Terms.

In these cases, you will not be able to get a refund unless legally entitled and/or required. You may also be required to pay for the Services provided up to the time at which you no longer used our Services, as well as any reasonable costs and expenses incurred when we provide our Services to you.

Limitation of Our Liability

YesTech will provide the
Services with reasonable care and skill. However, we will not be liable to you for any loss or damage in the following cases:

1. If we are unable to provide our Services to you due to any reasons beyond our control;
2. For any loss you suffer when using our Services in any case.

Resolving Disputes

As a business we would like the opportunity to address any concerns you may have regarding our Services. In entering into these Terms you agree to take reasonable steps to resolve any dispute that may arise by emailing us at info@yestechrepairs.com.au and informally outlining the issues you have. We will also take reasonable steps to resolve this dispute informally.

Furthermore, you and Yes Tech collectively agree to resolve any claims relating to our provision of Services, and the Terms, through the use of mediation or arbitration. This agreement ensures that we both utilize alternative dispute resolution mechanisms before resorting to formal litigation.

Jurisdiction

These Terms and Conditions are governed by the laws of Western Australia

Changes to the Terms and Conditions

YesTech may need to revise these Terms from time to time without notice. If a change meaningfully alters these Terms we will notify you (for example via email).

If you continue to use our Services, you agree to be bound by the changes made to these Terms.

Privacy Policy

The purpose of this Privacy Policy is to:
• clearly communicate the personal information handling practices of YESTECH ;
• enhance the transparency of YESTECH’s operations, and
• give individuals a better and more complete understanding of the sort of personal information that YESTECH holds, and the way we handle that information.
Part A — Our Personal Information Handling Practices
Our obligations under the Privacy (Enhancing Privacy Protections) Act 2012 (Cth)
This Privacy Policy sets out how we comply with our obligations under the Privacy (Enhancing Privacy Protections) Act 2012 (amended Privacy Act). As a body corporate trading in Australia, YESTECH is an ‘APP entity” as defined by the amended Privacy Act, so is bound by the Australian Privacy Principles (“APP’s”).
In this privacy policy, ‘Personal Information’ means “information or an opinion about an identified individual who is reasonably identifiable: whether the information is true or not; and whether the information or opinion is recorded in a material form or not.” (Section 6(1) Privacy Act).
Collection
We will only collect personal information from you or your authorized representative where such collection is necessary and directly related to our functions and activities.
Sometimes we may need to collect personal information from a third party or a publicly available source, but only if you have consented to such collection or would reasonably expect us to collect your personal information in this way, or if it is necessary for a specific purpose such as conducting a credit check or police check.
Use and disclosure
We only use personal information for the purposes for which it was given to us, or for purposes which are directly related to one of our functions or activities, and we do not give it to government agencies, private sector organizations or anyone else unless one of the following applies:
• the individual has consented
• the individual would reasonably expect, or has been told, that information of that kind is usually passed to those individuals, bodies or agencies
• it is otherwise required or authorized by law
• it will prevent or lessen a serious and imminent threat to somebody’s life or health
• it is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of public revenue.
Data quality
We take steps to ensure that the personal information we collect is accurate, up to date and complete. These steps include maintaining and updating personal information when we are advised by individuals that their personal information has changed, and at other times as necessary.
Data security
We take steps to protect the personal information we hold against loss, unauthorized access, use, modification or disclosure, and against other misuse. These steps include password protection for accessing our electronic IT system, securing paper files in locked cabinets and physical access restrictions.
When no longer required, personal information is destroyed in a secure manner.
We have developed a Data Breach Response Plan and where we have reasonable grounds to believe that there has been an eligible data breach, we will provide a statement to the OAIC as soon as practicable, and we will also notify each of the individuals to whom the relevant information relates and each of the individuals who are at risk from the eligible data breach.
Access and correction
If an individual requests access to the personal information we hold about them, or requests that we change that personal information, we will allow access or make the changes unless we consider that there is a sound reason under the amended Privacy Act or other relevant law to withhold the information, or not make the changes.
If we do not agree to make requested changes to personal information the individual may make a statement about the requested changes and we will attach this to the record.
Individuals can obtain further information about how to request access or changes to the information we hold about them by contacting us (see details below).
How to make a complaint
You can complain to us in writing about how we have handled your personal information. The YESTECH Privacy Officer will investigate your complaint and will endeavor to provide a written response within thirty (30) days of receipt of the complaint setting out YESTECH’s decision.
If you are dissatisfied with YESTECH’s response to your complaint you can take your complaint to the Office of the Australian Information Commissioner (“OAIC”). The Australian Information Commissioner may then investigate and attempt to conciliate the matter.
How to contact us
If you have any questions in relation to privacy, you can write to Office 2, Level 3, London Court, 54 St Georges Terrace, Perth, WA 6000 or email info@yestechrepairs.com.au
Part B — Information collected online by YESTECH
YESTECH’s website
YESTECH provides information about its products and services on its website. When you visit the YESTECH website, the web server may record anonymous information such as the time, date and URL of the visitor. The information that is collected is very limited and is used to assist YESTECH to improve the structure of its website and monitor the performance of the website.
We do not use the information that is collected to personally identify you or anyone else.
Cookies
Our website may use “cookies”. A cookie is a small text file that the website may place on your computer to improve your experience of the YESTECH website. You may choose to disable cookies in your browser but by doing so, you may be unable to access some advanced functions on the website.
Use and disclosure
We do not give personal information collected online to other agencies, organizations or anyone else without your consent unless you would reasonably expect, or have been told, that information of that kind is usually passed to those agencies, organizations or individuals, or the disclosure is otherwise required or authorized by law.
Data quality
We will delete or correct any personal information that we hold about you on request. If you are on one of our automated email lists, you may opt out of further contact from us by clicking the ‘unsubscribe’ link at the bottom of the email.
Data security
We take all reasonable steps to manage data stored on our servers to ensure data security.