Common use of Disclaimer of liability for returned Mobile Devices and ▇▇▇▇ Clause in Contracts

Disclaimer of liability for returned Mobile Devices and ▇▇▇▇. 4.9.1 Where You have returned an incorrect Mobile Device, You agree that unless and until You return the correct Mobile Device, You will remain liable for the correct Mobile Device You ought to have returned pursuant to Your request (unless and until You return that Mobile Device as intended). 4.9.2 Please note that We will not accept any liability for any SIM, or any data stored on that SIM or any Mobile Device returned to Us (whether or not such Mobile Device is the correct Mobile Device), and We cannot ensure that any SIM left in, or any data not wiped from, a SIM or Mobile Device can or will be returned to You. 4.9.3 You acknowledge that You retain all liability in respect of a Mobile Device (whether it is Your existing Mobile Device or a New Mobile Device) that You are seeking to return under the 12-Month Device Warranty or the 30-Day Cancellation Option (available for mobile phones in Original Condition) or as otherwise required under this Agreement until such Mobile Device has been received by or on behalf of Us (at which time Our liability in respect of that Mobile Device is limited to any direc t loss suffered by You as a direct result of Our fraud, negligence or wilful default under this Agreement). 4.9.4 For clarity, this clause 4.9 relates to returns made in connection with the Customer Rights or as otherwise required under this Agreement, and does not apply to returns made under the Australian Consumer Law, and does not affect Your rights under Australian Consumer Law. 5.1.1 A capitalised term that is not otherwise defined in these Mobile Device Terms has the same meaning as in the General Terms and Conditions. 5.1.2 Each of the following capitalised terms have the corresponding meaning in these Mobile Device Terms.

Appears in 2 contracts

Sources: Mobile Device Terms, Mobile Device Terms

Disclaimer of liability for returned Mobile Devices and ▇▇▇▇. 4.9.1 Where You have returned an incorrect Mobile Device, You agree that unless and until You return the correct Mobile Device, You will remain liable for the correct Mobile Device You ought to have returned pursuant to Your request (unless and until You return that Mobile Device as intended). 4.9.2 Please note that We will not accept any liability for any SIM, or any data stored on that SIM or any Mobile Device returned to Us (whether or not such Mobile Device is the correct Mobile Device), and We cannot ensure that any SIM left in, or any data not wiped from, a SIM or Mobile Device can or will be returned to You. 4.9.3 You acknowledge that You retain all liability in respect of a Mobile Device (whether it is Your existing Mobile Device or a New Mobile Device) that You are seeking to return under the 12-Month Device Warranty or the 30-Day Cancellation Option (available for mobile phones Mobile Phones in Original Condition) or as otherwise required under this Agreement until such Mobile Device has been received by or on behalf of Us (at which time Our liability in respect of that Mobile Device is limited to any direc t direct loss suffered by You as a direct result of Our fraud, negligence or wilful default under this Agreement). 4.9.4 For clarity, this clause 4.9 relates to returns made in connection with the Customer Rights or as otherwise required under this AgreementRights, and does not apply to returns made under the Australian Consumer Law, and does not affect Your rights under Australian Consumer Law. 5.1.1 A capitalised term that is not otherwise defined in these Mobile Device Terms has the same meaning as in the General Terms and Conditions. 5.1.2 Each of the following capitalised terms have the corresponding meaning in these Mobile Device Terms.

Appears in 1 contract

Sources: Mobile Device Terms

Disclaimer of liability for returned Mobile Devices and ▇▇▇▇. 4.9.1 Where You have returned an incorrect Mobile Device, You agree that unless and until You return the correct Mobile Device, You will remain liable for the correct Mobile Device You ought to have returned pursuant to Your request (unless and until You return that Mobile Device as intended). 4.9.2 Please note that We will not accept any liability for any SIM, or any data stored on that SIM or any Mobile Device returned to Us (whether or not such Mobile Device is the correct Mobile Device), and We cannot ensure that any SIM left in, or any data not wiped from, a SIM or Mobile Device can or will be returned to You. 4.9.3 You acknowledge that You retain all liability in respect of a Mobile Device (whether it is Your existing Mobile Device or a New Mobile Device) that You are seeking to return under the 12-Month Device Warranty or the 30-Day Cancellation Option (available for mobile phones in Original Condition) or as otherwise required under this Agreement until such Mobile Device has been received by or on behalf of Us (at which time Our liability in respect of that Mobile Device is limited to any direc t direct loss suffered by You as a direct result of Our fraud, negligence or wilful default under this Agreement). 4.9.4 For clarity, this clause 4.9 relates to returns made in connection with the Customer Rights or as otherwise required under this Agreement, and does not apply to returns made under the Australian Consumer Law, and does not affect Your rights under Australian Consumer Law. 5.1.1 A capitalised term that is not otherwise defined in these Mobile Device Terms has the same meaning as in the General Terms and Conditions. 5.1.2 Each of the following capitalised terms have the corresponding meaning in these Mobile Device Terms.

Appears in 1 contract

Sources: Mobile Device Terms