Devices Terms of Sale

Effective Date: October 9, 2018

Welcome to the online Google Store (the “Store”) provided by Google Australia Pty Ltd whose principal place of business is at L5, 48 Pirrama Rd, Pyrmont, NSW 2009 ("Google" or "we"). These Devices Terms of Sale and any other terms referred to in these terms, such as terms provided in the Return Policy and Warranty Center ("Terms"), apply between you and Google when you purchase devices and/or accessories ("Device") from the Store.

Please carefully read the Terms. Your purchase of a Device requires that you agree to the Terms. If you do not understand the Terms or do not accept any part of them, do not place an order.

1. Google Services

When you use any Google services through your Device, your use is subject to the applicable terms and conditions for those services, including the Google Terms of Service. Use of certain Device features may require that you open a Google account. Note that Google services and content may vary by region.

2. Google Payments or Guest Checkout

To place an order, you may use guest checkout or be signed in to your Google account. To use your Google account you will need to agree to the Google Payments Terms of Service and to set up a Google Payments Account, which is free to set up and use. To use guest checkout, you will need to agree the Google Payments Terms of Service. Do not place an order if you do not agree to these payment terms.

3. Privacy

Please refer to the Google Payments Privacy Policy for further information on how your data is used in connection with Google Payments and guest checkout and the Google Privacy Policy for more information on how Google collects, uses and shares the information when you use Google’s products and services.

4. Support

Please refer to Google Store Support to learn more about the support offered by Google in connection with your Device. The Google support team will only provide support if you are located in a supported country with order management or technical support, as described in the Country Availability Page.

5. Ordering and Payment

By providing a credit card or other payment method accepted by Google, you confirm that you are authorised to use the designated payment method and that you authorise us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges notified to you, such as shipping charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You will need to resolve any problem we encounter in order to proceed with your order.

Google reserves the right to reject all or part of an order and may refuse to ship Devices to you for reasons such as: (a) if we detect suspicious or fraudulent activity (including unauthorised reseller activity) in violation of these Terms; (b) if you do not live in a country from which Devices may be purchased; (c) if you order more than the permitted maximum number of Devices; or (d) if your Device is out of stock.

6. Prices and Taxes

The Device price displayed on the Store does not include any shipping charges. Information about shipping charges can be found here and will also be presented at checkout before you place your order. All prices displayed on the Store are subject to change at any time without notice before a purchase is completed.

All prices include GST. Applicable taxes will be presented at checkout or on the Device description page before you place your order.

7. Delivery

We may not be able to deliver to all locations. Please consult our Country Availability page for locations to which we will deliver your Device. If Google does not ship a Device to the address you provided, you will be sent a notice and you will not be charged for your order.

If you do not receive your Device, please contact Google Store Support. If you do not receive your order after Google has made 2 delivery attempts (for example the package has been lost or stolen before you receive it), Google may require a signature confirmation on the next delivery and will replace the unreceived Device as opposed to issue a refund. If a Device cannot be successfully delivered to you, for example because you provided incorrect or incomplete delivery information, then once Google receives the return shipment, you will not be charged for the Device (or charges already incurred will be reversed using the initial payment method in your Google Payments account). However, you may be charged for shipping (and such charges may not be reversed). If a Device is not successfully delivered because we or a delivery agent made a mistake, you will not be charged at all and all charges will be reversed.

Any delivery dates or times provided by Google (or a delivery agent) are estimates only and are not guaranteed.

8. Availability and Order Limits

All Devices offered on the Store are subject to availability. We reserve the right to discontinue offering certain Devices without prior notice.

Certain products have quantity limits. You may not order more than the maximum number of Devices that we specify on a product page or in a product description. For example, the product description or product page may contain a maximum order limit for a particular Device.

9. Pricing Mistakes

We try very hard to make sure there are no mistakes in the prices that appear on the Google Store. In the unlikely event that a mistake happens, you agree that Google will not be bound by that incorrect price and may cancel your order, unless your credit card, debit card or other payment method in your Google Payments account has already been charged. If a mistake is discovered and you haven't been charged yet, we will let you know the correct price and you will be given the option to continue with your order at the correct price or cancel it.

10. Promotions and Promotional Balance

Google may offer promotions or promotional prices for the sale of Devices. If so, any terms applicable to such promotional offers or prices will govern.

Google Store promotional balance (“Promotional Balance”) is issued by Google Australia Pty Ltd. You must be at least 18 years of age and a resident of Australia in order to redeem a promotional code. To redeem Promotional Balance, you will need to have or create a Google Payments account. Unused Promotional Balance expires on the date specified, unless that date is extended in accordance with these terms. Google does not impose any fee on your use or maintenance of the Promotional Balance.

Your Promotional Balance is an offer of a discount off purchase price, and has no cash value. It may be used for eligible purchases on the Store only, and may not be used on other Google websites or third-party websites. Your Promotional Balance is separate from any prepaid balance you may have on the Store, and may not be transferred to other users or withdrawn for cash. Your Google Payments account may display your Promotional Balance with other prepaid balances to show you the total value that can be purchased, for informational purposes only.

Promotional Balance will be applied to your purchase amount prior to any available prepaid balance or other forms of payment, and any unspent Promotional Balance will be reapplied to your account. In the event you receive a refund of a purchase made with Promotional Balance, any refunded amount will be reapplied to your account for future use under these same terms. In the event a refund is provided for an expired Promotional Balance, Google may extend the expiration date, unless prohibited by law.

If you close your Google Payments account, or Google chooses to no longer offer Google Payments or the Store, any remaining Promotional Balance associated will be forfeited. Google and its third party partners (if applicable) are not liable for lost or stolen promotional codes, or for expired promotional codes that are not redeemed within the redemption period.

11. Import and Export

The Device may be subject to import and export laws and regulations in the United States and elsewhere. You must comply with all domestic and international import and export laws and regulations that apply in connection with the Device. These laws may include restrictions on destinations, users, and end use.

12. Use of the Device

Please carefully read any instructions that come with the Device, including instructions that may be available online. In order to make use of any enhanced functionality of your Device, you may have to sign in to your Google account or open a Google account if you do not yet have one. To use a Device, you understand that you may need to accept any agreements applicable to your use of the Device or any software on the Device.

13. Purchase as a Consumer

You may only purchase Devices for your personal use. In purchasing a Device you are warranting to Google that you are a consumer. Any resale of purchased Devices for non-consumer purposes will be a breach by you of these Terms.

14. Device Technical Specifications

Battery life for your Device, as described in any Device description page, will depend on Device settings, usage, and many other factors. Battery tests are conducted using specific Device units; actual results may vary. Devices with storage capacity may be preformatted with operating system software and other files. As a result, actual formatted capacity will be less than the memory listed in any Device description.

15. Return Policy and Withdrawal Information

Returns and refunds are governed by our Return Policy, which is available here.

16. Data and Deactivation

You are responsible for managing any data stored on your Device, including, for example, deleting, transferring and creating back-ups of such data. For example, if you decide to return the Device, or if you have to send a Device to Google for repair or replacement, it is your responsibility to erase all personal or other data on the Device before sending it to Google. Google will not be responsible for any use or disclosure of any data that resides on a Device.

If you tell Google that you have not received your Device, the Device is defective, or it has been lost or stolen, Google may deactivate that Device. Deactivation does not automatically delete personal or other data stored on your Device. We strongly recommend that you back-up your data periodically.

17. Resale and Warranty

The limited warranty in the Device box and in the Warranty Center will only apply if you are a consumer and have purchased your Device from Google or its authorised resellers in Australia.

18. Defects

If the Device is or becomes defective through no fault of your own, you may have statutory rights such as the right to repair or replacement of the defective Device, or in some cases, a price reduction, or the right to cancel the contract for a refund. Details of any additional manufacturer warranty can be found in the Warranty Center.

If you have a defective Device, please contact Google Store Support. If the Device is manufactured by a third party, Google may refer you to the applicable manufacturer of the Device for initial support with Device defects.

If Google provides you with an advanced replacement device before we receive your defective Device, and you do not return the defective Device within a reasonable time (as communicated to you in notification emails), you authorise Google to charge your original form of payment for the full value of the replacement Device.

Unless otherwise required under applicable laws, Google may only provide repair or replacement for Devices manufactured by Google that are located in a supported country, as described in the Country Availability Page.

Nothing in this section affects your legal rights under statutory or applicable laws.

19. Product Commitments

You are entitled by law to certain rights when you purchase a Device. Other than these commitments and those expressly given to you about the Device, no other guarantees, warranties, conditions or terms apply to our agreement with you, unless expressly set out in these Terms.

20. Limitation of Liability

Google and its subsidiaries and affiliates, including suppliers (collectively, "Google Parties") shall not be liable (whether under contract, tort (including negligence) or otherwise) for:

(a) losses that were not caused by our breach of these Terms;

(b) any loss or damage that was not, at the time the relevant contract with you was formed, a reasonably foreseeable consequence of Google breaching these Terms;

(c) losses relating to any business of yours, including loss of profits, revenues, data, opportunity or anticipated savings, or any indirect or consequential losses; or

(d) loss of data stored on the Device, or inability to access data.

The extent permitted by applicable law, the Google Parties’ liability will not exceed the amount actually paid by You to Google under these Terms.

Nothing in these Terms is intended to exclude or limit Google's or any Google Party's liability for: (i) death or personal injury; (ii) fraud; (iii) fraudulent misrepresentation; (iv) any implied terms as to title which cannot be excluded or limited by law; or (v) any liability that cannot be excluded or limited by law.

If you are a consumer, nothing in this section affects your legal rights.

21. Device Features Outside of Google’s Control

You acknowledge that unless specifically provided in any Device description page, no Device comes with a cellular data plan, a wireless service plan or other Internet connectivity service. You are solely responsible for obtaining any access to the Internet or wireless service through a cellular data service provider or a wireless service provider (each, a “Wireless Carrier”) or other Internet connectivity service provider ("Internet Service Provider") whose service is compatible with the Device. If your Device includes functionality allowing you to access the Internet via a cellular data plan, the Device may be configured to work with a certain cellular network technology. Check with your Wireless Carrier for compatibility and mobile data plan availability.

If your Device requires a SIM card, or any other mobile connectivity feature required by your Wireless Carrier or Internet Service Provider, you are solely responsible for obtaining such connectivity feature(s). If your Device includes WiFi functionality that allows you to access the Internet, you understand that you will need access to a compatible WiFi access point.

You agree that, unless specifically provided in any Device description page or otherwise agreed by Google, Google has no responsibility for the provision of cellular data services, wireless services or other Internet connectivity services, or the terms under which Wireless Carriers or Internet Service Providers may offer those services. Internet Service Providers and Wireless Carriers may charge you for usage and other fees that Google does not control.

You understand that the Device may only be compatible with certain hardware accessories manufactured by third parties, and Google makes no warranty with respect to such third-party hardware accessories or their compatibility with the Device.

Returning the Device, in accordance with these Terms, does not cancel your service contract with your Internet Service Provider or Wireless Carrier, if applicable, so you must contact your Internet Service Provider or Wireless Carrier (and any other applicable service provider(s)) directly to cancel such service(s).

22. Governing Law and Jurisdiction

The courts in some countries will not apply California law to some types of disputes. If you reside in one of those countries, then where California law is excluded from applying, your country’s laws will apply to such disputes related to these Terms. Otherwise, you agree that the laws of California, U.S.A., excluding California’s choice of law rules, will apply to any disputes arising out of or relating to these Terms. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Santa Clara County, California, U.S.A., then your local jurisdiction and venue will apply to such disputes related to these Terms. Otherwise, all claims arising out of or relating to these Terms will be litigated exclusively in the federal or state courts of Santa Clara County, California, U.S.A., and you and Google consent to personal jurisdiction in those courts. Notwithstanding this, Google reserves the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

23. Changes to the Terms

The Terms in effect at the time you place an order for the Device will apply to such order and Device. Google reserves the right to make changes to these Terms from time to time, and any such changes will apply to future orders.

24. Events Beyond Reasonable Control

Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.

25. No Waiver

If you do not comply with these Terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).

26. Severability

If it turns out that a particular term is not enforceable, this will not affect any other terms.