Trade-In Program Terms & Conditions

This device trade-in program (“Trade-In Program”) is a service provided to you by PCS Wireless Australia Pty Ltd (“PCS”, “we”, “us”, “our”), as part of a contracted service that PCS provides to Google Australia Pty Ltd and its affiliates and subsidiaries (“Google”). Google may provide customer service for the Trade-In Program, but you understand the Trade-In Program and these Terms and Conditions are between you and PCS only.

1. Acceptance of Terms. These Terms are considered a contract between you and PCS and apply to the trade-in of your Trade-in Device (defined below), in consideration of the mutual promises and such other good and valuable consideration. These Terms shall govern the payment, if any, you receive for your Trade-in Device. If you do not agree to these Terms, you should not send in your device for the Trade-in Program.

Please read these Terms carefully before offering to sell any devices to us (you may wish to print a copy for your record). In offering to sell us any device, you are confirming to us that:

You are at least 18 years old, or, if you are under 18 years of age, you have obtained your parent or guardian’s permission to sell your device; and
You are a resident in Australia; and
You are accessing our site from Australia; and
You are legally capable of entering into a binding contract; and
You own the device.

2. Overview. Subject to these Terms and procedures set forth herein, you may trade-in any device listed as eligible for the Trade-in Program on the Australian Google Store website (referred to as “Trade-in Device”). Subject to these terms and conditions, you will receive credit from Google on our behalf in the following form:

a payment to your original form of payment used to purchase your new Google device. If the consideration for your Trade-In Device exceeds the amount you paid for your new Google device price, then the difference is given through a store credit for usage on the Google Store; or
if Google is unable to refund your original form of payment, a Store credit for usage on the Google Store.

After you complete the Trade-In questions on the Google Store website (“Trade-in Questions”), you will be provided with the estimated trade-in value for your selected Trade-In Device (“Conditional Trade-In Value”). The Conditional Trade-In Value offered is subject to your strict compliance with these terms and remains subject to PCS’ inspection that we will perform after we receive your Trade-In Device. To receive the Conditional Trade-In Value as provided, you must send your Trade-In Device to PCS to be received by PCS within thirty (30) days of receiving the new device purchased from Google (the “Trade-In Window”). You must also meet all of the requirements set out in these Terms, including the Device Eligibility Requirements in Section 6 below. You may incur additional charges or set offs against the offered Conditional Trade-In Value if you do not ship your Trade-In Device to PCS within the required time period, if your Trade-In Device fails to meet any of the Device Eligibility Requirements or if you otherwise do not comply with these Terms.

PCS will confirm receipt of your Trade-In-Device, via email from Google, within three (3) business days from when we receive your device. If you bought your Trade-In Device under an equipment installment plan or other financing plan or if you entered into a service contract with your mobile carrier or wireless service provider, you will be responsible for any and all remaining payments under such plan or contract, including any contract termination fees. PCS is not responsible for any Trade-In Device that is leased after being shipped to PCS. You will remain responsible for all payments, penalties, fees and costs related to any leased device that is submitted to PCS. If you return your new Google device to the Australian Google Store in accordance with the applicable Google Store return policy, you will receive a store credit for the new device for usage on the Google Store, (except where you are returning a defective device in accordance with the Australian Consumer Law, and an alternative remedy is required under those laws).

3. Remove Your Data and Unlock Your Trade-In Device. You MUST unlock, remove all personal accounts from your Trade-In Device, unpair any connected devices such as a smart watch, and remove all data, including all confidential and personal data, from your Trade-In Device before sending it to PCS. To do so, you must factory reset your Trade-In Device according to the provided instructions. It is your sole responsibility to back-up any files or data from your Trade-In Device that you wish to retain prior to performing a factory data reset and before shipping your Trade-In Device to PCS. PCS and Google do not accept any responsibility or liability for any lost files or data or disclosure of private information that has not been removed from your Trade-In Device prior to sending PCS your device. Refer to your device user manual or instructions provided to you by Google on how to trade-in your device. In addition, make sure that you remove all accessories, chargers, covers, cases, locks, SIM cards and memory cards before sending the device to PCS. Any such items sent with your Trade-In Device will not be returned. If any personal data has not been deleted or removed from your Trade-In Device, you authorize PCS to remove and destroy any SIM card or memory card left in the Trade-In Device and perform a factory reset and data wipe on the said device. Failure to strictly comply with these conditions may result in you receiving less than the quoted Conditional Trade-In Value, or no value, for your Trade-In Device. Under no circumstances will PCS or Google be responsible or liable for any direct or indirect loss or damage or loss of use of any personal data remaining on the Trade-In Device which you failed to remove, or which arises as a result of PCS destroying or removing the personal data.

4. Ship Us Your Trade-In Device. PCS will provide a Trade-In Kit and instructions to send your Trade-In Device. You are responsible for ensuring your Trade-In Device is not damaged during shipping to PCS. You must securely pack the device with adequate padding. PCS and Google are not responsible for lost or damaged Trade-In Devices caused by your failure to comply with this Section 4 (“Ship Us Your Trade-In Device”). If your Trade-In Device is damaged in transit as a result of your failure to comply with this Section 4 (“Ship Us Your Trade-In Device”) you may receive less than the quoted Conditional Trade-In Value, or no value, for your Trade-in Device. You must strictly follow the instructions provided by both PCS and Google. If you lose or discard the Trade-In Kit, please contact Google to have the kit resent to you. Your Trade-In Device must be sent to PCS within the Trade-in Window set out in Section 2. Trade-In Devices received outside the Trade-in Window may result in you receiving less than the Conditional Trade-In Value, or no value, for your Trade-In Device.

5. Risk/Title/Ownership. Risk to your device will transfer to us once we receive your device at the address specified in the shipping instructions provided to you in accordance with Section 4 of these Terms. Notwithstanding, we will not be liable or responsible for any risk related to You sending us a device that has any battery damage including but not limited to as described in Section 7 of these Terms.

In sending us your device, you represent and agree that you are authorized to trade in your device to PCS and that you have ownership, title and interest in any device shipped to PCS. By shipping the Trade-In Device to PCS, you agree to transfer title and ownership of the Trade-In Device to PCS. Title to your Trade-in Device shall transfer to PCS upon inspection of your Trade-In Device by PCS except for those devices that are ineligible for the Trade-In Program. Upon transfer of title to PCS, you disclaim any and all right, title or interest in and to the Trade-In Device, including the right to sell, dispose, or otherwise collect, where applicable, its value. No trade in value is offered on anything other than your Trade-In Device itself.

6. Trade-In Device Eligibility Requirements. To be eligible for trade-in, your Trade-In Device must meet all of the requirements stated in this Section 6 (“Device Eligibility Requirements”), as determined by PCS in its sole discretion:

You may trade in only one (1) device per purchase of a new device from Google under this PCS Trade-In Program.
You must accurately represent the make, model and condition of your device when completing the Trade-In Questions. PCS determines which device models are eligible for trade-in (which may vary from time to time), as set out on the Australian Google Store website;
You must accept the Conditional Trade-In Value quoted at the conclusion of the Trade-In Questions;
Your Trade-In Device must power on, hold a charge and not power off unexpectedly;
You must power off your Trade-In Device prior to sending it to PCS;
PCS is required by law to verify your identity and obtain certain information from you including proof of identity. You, therefore, must provide an unexpired valid government issued identification that contains your full name, date of birth, current address, photograph and signature (acceptable forms of identification include passports,driver’s licenses or Government issued ‘Proof of Age’ IDs ). PCS reserves the right to require you to provide further information required by law or the authorities. If you fail to timely provide an acceptable form of identification to us, you may not trade-in your Device.
You acknowledge that as part of PCS’ obligations, your personal data along with the device IMEI and/or serial number may be submitted to a police data system and/or blacklist and block database for verification purposes and to assist with checks for lost or stolen property. Your Trade-In Device must not be on a blacklist of any kind or blocked. PCS searches such blacklist and block databases (including, without limitation, https://amta.org.au/check-the-status-of-your-handset/) to determine if devices have been reported lost or stolen according to third-party resources. If your Trade-In Device appears on any such list, PCS’ Conditional Trade in Value offer shall be deemed rescinded. No trade-in value will be afforded to any Trade-In Device reported as lost or stolen, appearing on a blacklist or block database, purchased with government funds, or constituting government property. Additionally, PCS shall not return to you any such Trade-In Device under any circumstances;
At the time of trade-in, you must be the owner of the Trade-In Device;
Any anti-theft locking software must be disabled on your Trade-In Device;
Before shipping your Trade-In Device to PCS, you must perform a factory reset on it per instructions provided and remove all personal data (as described in Section 3 above);
Your Trade-In Device must not be counterfeit (Original Equipment Manufactured Devices only with no counterfeit, non-OEM or aftermarket, parts); and
You must mail PCS your Trade-In Device in accordance with these Terms and the instructions contained with the Trade-In Kit provided after your acceptance of the Conditional Trade-In Value offered to you upon your completion of the Trade-In Questions.

7. Adjustments/Returns/Rejected Trade in Devices.

The final offer for your Trade-In Device (“Post Inspection Value”) remains subject to the final inspection we will perform on your Trade-In Device once we receive it. Factors that may result in an adjustment to our valuation of your Trade-In Device include, but are not limited to:

The make, model or condition of your device is different to that represented by you when completing the Trade-in Questions on the Google Store website;
We do not receive your Trade-in Device within the Trade-in Window set out at Section 2;
We do not timely receive a valid acceptable form of photo identification from you.
Your Trade-in Device is otherwise faulty in some regard (that may or may not be apparent on a casual visual inspection, including: device does not power on, screen pixel damage, screen bruising, battery swelling / damage, phone cracks, damaged backlight and/or activation lock is in place).

If the Post Inspection Value is at least 75% of the Conditional Trade-In Value quoted, you agree to accept the revised Post Inspection Value. PCS will only return your phone if the Post-Inspection Value is not at least 75% of the Conditional Trade-In Value.

Google will inform you via email when the Trade-in Device was received by PCS. After receipt of the Trade-in Device, PCS will inspect the Trade-in Device. Google will communicate the result of this inspection to you in most cases within ten (10) business days from the day the receipt of the device was confirmed to you, and will: (i) confirm the Conditional Trade-In Value offered; (ii) let you know if the Post Inspection Value is different; or (iii), let you know that your device is being returned to you without any payment if the Post Inspection Value is less than 75% of the Estimated Trade-in Value. If PCS confirms the Conditional Trade-In Value previously offered or if the Post Inspection Value is equal to or greater than 75% of the Estimated Trade-in Value, Google shall issue you the credit as set forth in section 2 above. Please note it may take several days for such credit to appear on your payment method.

If you change your mind and elect to not trade-in your Trade-In Device before shipping your Trade-In Device there is nothing for you to do.

Except as set out in these terms, Trade-In Devices cannot be returned under any circumstance once your Trade-In Device is posted and sent to PCS. If PCS receives a Trade-In Device that is locked and/or not cleared or wiped of personal data, PCS may return the device without removing the data, and you waive all claims against PCS and Google with respect to any data stored on the Trade-In Device.

You may not include a damaged battery when trading your device. If your device exhibits a damaged battery (for example, is leaking fluid, is too hot to touch or the device casing is swollen), it is not eligible for trade-in and you should not send the device to PCS. Please note that for safety reasons we cannot return most devices with damaged batteries (e.g. battery swelling) and that no value will be paid or credited to you for such devices.

8. Miscellaneous Additional Terms

The Trade-In Program is offered and administered by PCS.
PCS reserves the right to decline or cancel your participation in the Trade-In Program, with or without advance notice, if we believe that your participation is enabling a fraudulent or illegal purpose.
By participating in the Trade-In Program, you understand and agree that it may be necessary for PCS, its affiliates, partners and agents, to collect, process, transmit, maintain, share, and use certain of your personal data, such as your proof of identity (which should include photograph), full name, residential address, and date of birth to perform the service, support obligations under the Trade-In Program and comply with applicable law. A copy of PCS’ Privacy Policy can be found below.
You acknowledge and agree that the proof of identity (which should include photograph, full name, residential address, and date of birth) you provide is required under secondhand dealer laws and will be shared between our subcontractor and us.
If any provision (or part of any provision) of these Terms is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from these Terms and shall in no way affect the legality, validity or enforceability of the remaining terms.
PCS reserves the right to substitute, amend, modify, cancel or add to any part of these Terms at any time, including terminating the Trade-In Program.
The Trade-In Program is available only to customers residing in Australia and is not available in other locations.
Neither the PCS Trade-In Program eligibility nor the Conditional Trade-In Value nor Post Inspection Value offered by PCS are transferrable to any other person or entity.

9. Limitation of Liability. IN NO EVENT SHALL PCS OR GOOGLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR LOST PROFITS FOR ANY CLAIM OR DEMAND OF ANY NATURE OR KIND, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF. YOU ADDITIONALLY AGREE THAT PCS AND, SEPARATELY, GOOGLE’S’ TOTAL LIABILITY TO YOU WILL NOT EXCEED THE CONDITIONAL TRADE-IN VALUE. THIS LIMITATION SHALL NOT APPLY IF SUCH DAMAGES CAUSED BY PCS’ OR GOOGLE’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. YOU ACKNOWLEDGE THAT PCS IS SOLELY RESPONSIBLE FOR EXECUTION OF THE TRADE-IN PROGRAM.

You acknowledge that if you breach any of these terms, PCS or its affiliates may suffer or incur losses and damages arising from your breach. As such you agree to defend, indemnify, and hold harmless PCS and its affiliates from and against any and all claims, liabilities, losses, damages, costs or expenses of any kind (including reasonable attorneys’ fees and disbursements) suffered or incurred by PCS and its affiliates as a result of or arising out of any breach of these terms by you.

10. Confirmation of Your Identity. We are an authorized secondhand dealer (license number 2PS17385). We are obliged by law to confirm the proof of identity of the person who intends to sell a Trade-In Device to PCS.

For this reason, you must provide to us or our subcontractor an unexpired valid government issued identification that contains your full name, date of birth, current address, photograph and signature (acceptable forms of identification include passports and driver’s licenses), after agreeing to sell your Trade-In Device and your purchase of a new device from Google. Without proper identification, Trade-In Devices are not eligible for trade-in and any Devices received by PCS will be returned to you and no value given for your Trade-In Device.

11. Other Important Terms.

The contract is between you and us. No other person shall have any rights to enforce any of its terms.
We may transfer our rights under any contract with you to another organisation, provided that your rights and experience in using the services are not affected by that transfer. We will tell you in writing if this happens. You must not transfer any of your rights and obligations under any contract unless we agree.
If any provision (or part of any provision) of these Terms is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from these Terms and shall in no way affect the legality, validity or enforceability of the remaining terms.
If we do not insist that you perform any of your obligations under these Terms, or where we do not enforce, or delay enforcing our rights, that will not mean that we have waived our rights nor that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms are governed by the laws of Victoria, Australia although second-hand goods will be dealt with in accordance with local laws and regulations in each jurisdiction. Disputes arising out of these Terms or this arrangement will be settled by the courts of Victoria, Australia.

12. Events Outside Our Control.

PCS and Google will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control (including but not limited to strikes, fire, storm, flood or other natural disaster, or failure of telecommunications networks or impossibility of the use of transport).

If we are unable to perform our obligations to you as a result of any event outside our control we will contact you as soon as reasonably possible and we will take steps to minimise the effect of any delay. Provided we do this, our obligations to you shall be suspended for the duration of the event outside our control and we will not be liable for any delay caused by the event.

13. Our Right To Make Changes.

We may occasionally update or amend these Terms to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in our system’s capabilities.

PCS PRIVACY POLICY

PCS Wireless Australia Pty Ltd ACN 609 392 850 with our registered office at PCS Wireless Australia Pty Ltd, Level 1, 123 Camberwell Road, Hawthorn East, Victoria 3123, Australia (“PCS" “we”, “us”, “our”) is committed to protecting and respecting your privacy.

The Privacy Act 1988 requires us to have a privacy policy.

This Privacy Policy (“Policy”) sets out the basis on which any personal data we or our subcontractors collect from you or that you provide to us or our subcontractors within the Trade-In Program via the Google Store (“Trade-In Program”) will be collected, held, used and disclosed by us.

Please read the following sections carefully to understand the procedures we follow in handling your personal data.

This Policy does not apply to the websites of our business partners or any third parties, even if their websites are linked to our Trade-In Program.

1. Personal Information.

In this Policy, “personal information" is information or an opinion about an identified individual or an individual who is reasonably identifiable.

2. Personal Information we may collect from you.

We may collect the following data from you:

2.1 Information you provide to us.

You may provide us with information about yourself by using our Trade-In Program or by communicating with us by phone, email or otherwise in the context of our Trade-In Program, including via Google. This includes personal information you provide to us in your offer (i.e., responses to the Trade-In questions at the relevant Trade-In Program web page/s) as well as any personal information provided to us when sending us your offered device (“Trade-In Device”) and when we confirm your identity. To the extent we can, we will delete any personal information that might be on your Trade-In Device in accordance with the Terms & Conditions of our Trade-In Program. The information you share with us may include your full name, date of birth, current address, photograph and signature, email address, and phone number.

2.2 Information we receive from other sources.

We may obtain information about you from third-party sources, such as public information bases, our business partners and other third parties.

3. Use and storage of your personal information.

We may use and store your personal information as follows:

3.1 Information you provide to us.

We may use and store the personal information you provided to us in order to fulfil our obligations arising from contracts entered into between you and us through our Trade-In Program and to provide you with the necessary information for the performance of the contract. We may also process personal information that you might provide to us via e-mail or phone in the course of the performance of the contract or in the course of determining whether to enter into a contract with you. Your personal information will not be used for promotional purposes. Except as disclosed in this policy or as may be required by applicable law, your personal information will not be shared with any third parties. You consent to the personal information being shared with PCS Group companies and other third parties in such circumstances. You also consent to the use of your personal information and/or Trade-In Device IMEI and/or serial number to search applicable databases to determine if your Trade-In Device has been reported lost or stolen to prevent and combat fraud.

3.2 Information we receive from other sources.

We may use and store the information provided by other sources. In that case, we will notify you when we have collected that information unless impractical or unlawful to do so. We may combine this information with information that you provide to us. We may use and store this information and the combined information for the purpose outlined above and/or any purpose under applicable laws (depending on the type of information we receive).

4. Legal basis for the collecting and managing of your personal information.

Our legal basis for processing your personal information as described in this Policy depends on the personal information concerned and the specific context in which it is collected and managed by us. As a general rule, your personal information is collected and managed by us for the purposes of contract performance, legal obligations (including obligations relating to dealers of used goods) and other legitimate interests (including to correspond with you in connection with our services).

5. Sharing your Information.

We may need to share your personal information if we’re authorised or required by law to do so.

6 . Transmission of information

PCS may transfer your personal information to other PCS Group companies and other third parties for management to the extent we consider necessary or desirable for the purposes described in this Policy. In doing so, your personal information may be transferred to PCS Wireless LLC headquartered in the United States. The United States may have different information protection standards than your home country. In order to provide adequate protection for your personal information when it is transferred, we have contractual arrangements (where necessary) with our subsidiaries, affiliates and business partners regarding such transfers. We take all reasonable technical and organizational measures to protect the personal information we transfer. PCS Wireless LLC will process the information exclusively in accordance with our instructions and are also bound by this Policy. You hereby consent to the transfer of your personal information for the purpose of carrying out the Trade-In Program.

We may also transfer any personal information on your Trade-In Device when selling, transporting or otherwise dealing with your Trade-In Device. We expect this will only happen if that personal information was not removed or wiped from your Trade-In Device before you sent it to us. You acknowledge that your Trade-In Device may be sent to any country in which we, our partners, agents and customers engage in business and, once we have sold or otherwise disposed of the Trade-In Device, we will have no control over where it will be sent to.

You acknowledge that you (and not us) are responsible for removing or wiping all personal information and other information of or concerning you from the Trade-In Device before it is sent to us.

7. How we store personal information.

7.1 PCS takes data security very seriously and our efforts to do so include:

All personal information transmitted over networks, whether within our internal systems or externally, is encrypted. This encryption ensures that data remains safeguarded and unreadable to unauthorized entities during transmission, reducing the risk of interception or unauthorized access.
Data stored within PCS-managed systems is encrypted at rest. In cases where the data is managed by a PCS partner, the data is either encrypted at rest or encrypted upon retrieval.
PCS uses role-based controls to manage access to sensitive data. PCS operates on the principle of least privilege, by which users are given access only to the resources, systems, and data that are essential for their specific job functions.
Access assignments are subject to regular review and auditing as a control for maintaining these operating principles.

7.2 Our subcontractor is externally audited against the ISO 27001 and SOC2 Type 2 standards each year. Our subcontractor takes reasonable physical, electronic, and procedural measures to protect your personal and sensitive information against loss or unauthorised access, use, interference, modification, or deletion. User data is hosted by AWS in cloud environments which we manage and control. Among other things, our subcontractor encrypts personal and sensitive information both in transit and at rest and we implement robust disaster recovery and business continuity procedures. Personal and sensitive information will be held in a secure environment. Our subcontractor has security measures in place which are intended to protect personal and sensitive information. The key methods of securing the storage of personal and sensitive information include: Secure access to electronic and physical records containing personal and sensitive information, via password protected access permissions to systems and security-protected access to filing cabinets and storage; Access only to authorised our subcontractor’s employees and contractors that require access to perform their daily duties; and Varying access levels depending on the level of the authority and the type of personal and sensitive information required to be accessed. Controls relating to how personal and sensitive information is extracted from the secure environment and how it is used and distributed. Our subcontractor also regularly conducts security audits, vulnerability scans, and penetration tests to ensure compliance with security best practices and standards.

8. How long will we manage/store your personal information?

We will only store your personal information for as long as we consider necessary or desirable to fulfil the purposes we have collected it for, including to comply with any legal, accounting or reporting obligations.

You agree that we may retain personal information collected from you in connection with any feedback indefinitely.

9. How to access and correct information about you.

You have the right to both ask:

for access to personal information that we hold about you
that we correct personal information we hold about you.

If you ask, we will give you access to your personal information, and take reasonable steps to correct it if we consider it is incorrect, unless there is a law that allows or requires us not to, but in all cases maintain a record of such correction.

We will notify you in writing, and explain our reasons if we refuse to give you access to, or correct, your personal information.

You acknowledge that it is impractical for us to deal with parties who have not identified themselves or who have used a pseudonym. Accordingly, you agree that we are not required to deal with you unless you have identified yourself to our satisfaction.

10. Changes to our Privacy Policy

Changes we make to our Privacy Policy in the future will be posted on this page and, if appropriate, communicated to you by email. Please check back periodically for updates or changes to our Privacy Policy.

11. Complaints and further information

If you have a concern about your personal information or a question about how we collect, use or store that personal information, please contact us using the details below. We will respond to your question or complaint within a reasonable time. If you are not satisfied with our response, and you are in Australia, you may contact the Office of the Australian Information Commissioner. If you are in another country you should contact the equivalent of that office in your country.

12. Contact

If you have any questions about the nature of the personal information we hold about you, or if you wish to exercise your rights in relation to personal information about you, please contact us at PrivacyPolicy-AU@pcsww.com or send a written request to the postal address provided under this Privacy Policy.