1. Introduction
This Subscription Agreement is a legally binding contract between you (you or your) and AtlasTech Solutions Pty Ltd ABN 38 668 691 441 (Revra).
This Agreement governs your lease of a Device and any associated accessories (collectively, the Device) from Revra’s website.
By clicking "I Agree," you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.
2. Definitions
In this Agreement:
- ACL means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- Agreement means this Subscription Agreement, including any schedules and amendments.
- Arrears means any amount owed by you under this Agreement that is overdue for payment.
- Cancellation Notice means the written notice required to terminate the Subscription Plan under Clause 15.1.
- Conditions of Return has the meaning set out in Clause 16.2.
- Cooling-Off Period has the meaning set out in Clause 8.1.
- Device means the mobile phone, tablets, computers and any other devices and accessories leased to you under this Agreement.
- GST means Goods and Services Tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Restocking Fee means the fee applicable upon certain events as detailed in this Agreement and found at revra.com.au/restocking-fees.
- Subscription Fee means the periodic fee payable by you under your selected Subscription Plan.
- Subscription Plan means the plan selected by you for leasing the Device.
- Upfront Payment has the meaning set out in Clause 6.3.
3. Customer Representations and Warranties
You represent and warrant that:
- You are at least 18 years of age and have the legal capacity to enter into this Agreement.
- All information you provide to Revra is true, accurate, and complete.
- You will comply with all terms and conditions of this Agreement.
4. Acceptance of Terms
You accept this Agreement when you:
- Click to accept or agree to the Agreement where this option is made available to you by Revra; or
- Use the Device or any services associated with it.
5. Electronic Communications and Signatures
5.1 Consent to Electronic Communications
You consent to receive communications from Revra electronically, including via email and through Revra’s website. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
5.2 Electronic Signatures
By clicking "I Agree," or otherwise providing you written agreement to be bound by this Agreement, you provide your electronic signature, which is legally binding and equivalent to your handwritten signature.
6. Subscription Plans
6.1 Selection of Subscription Plan
You may select a Subscription Plan via Revra’s website, or via communication with Revra, choosing from weekly, fortnightly, or monthly payment options (or any other payment period offered by Revra).
6.2 Subscription Fee
You agree to pay the Subscription Fee specified in your selected Subscription Plan.
6.3 Upfront Payment
Before the Device is released to you, you must pay the following applicable Upfront Payment:
- For Weekly or Fortnightly Plans: Four weeks of Subscription Fees.
- For Monthly Plans (or longer period Plans): One month of Subscription Fees.
Revra will not authorise the delivery or release of the Device until the Upfront Payment is received.
6.4 Commencement Date
Your Subscription Plan commences on the date the Device is:
- Collected by you; or
- Delivered to you.
7. Direct Debit
7.1 Payment Authorisation
You authorise Revra to debit payments from your nominated credit or debit card(s) or bank account(s) via Stripe Payments Australia (Stripe) for any amounts payable under this Agreement. Payments may be debited from any accounts you enter into Stripe.
7.2 GST
If GST is payable on any amounts under this Agreement, you will pay that GST at the applicable rate. Changes in the GST rate will result in corresponding changes to the amounts payable.
7.3 Continued Obligation
Your obligation to pay fees under this Agreement continues even if the Device becomes unusable due to your actions or failure to act under the terms of this Agreement.
7.4 Impact on Credit Records
You understand that failure to pay amounts due under this Agreement may lead Revra to take actions that could adversely affect your credit records, which among other things, may potentially make it more difficult or expensive for you to obtain credit in the future.
8. Cooling-Off Period Refunds
8.1 Duration
The Cooling-Off Period Refunds apply as follows:
- For Weekly or Fortnightly Plans: Four weeks.
- For Monthly Plans (or longer period Plans): One month.
8.2 Termination During Cooling-Off Period
If you do not agree with the terms of this Agreement, or you are not satisfied with Revra’s service, you may terminate your Subscription Plan and receive a refund of your Upfront Payment, provided that:
- You provide Revra with seven days' written notice prior to the end of the applicable Cooling-Off Period; and
- You return the Device to Revra prior to the end of the Cooling-Off Period. For the avoidance of doubt, Devices returned prior to the end of the Cooling-Off Period will, like all Devices, be subject to clause 16of this Agreement.
9. Acceptable Use Policy
9.1 Permitted Use
You agree to use the Device only for its intended purpose and in accordance with this Agreement.
9.2 Prohibited Activities
You agree not to use the Device for any unlawful purposes, including:
- Engaging in illegal activities.
- Infringing upon the rights of others.
- Transmitting harmful or malicious content.
- Repair the Device without Revra’s prior written consent.
- Tampering with, altering, or modifying the software of any Device. This includes, but is not limited to, actions such as hacking, jailbreaking, rooting, bypassing security features, or installing unauthorised software.
Violation of this Acceptable Use Policy may result in immediate termination of your Subscription Plan and potential legal action.
10. Care of Device
10.1 Your Obligations
You must ensure the Device is not stolen or damaged and is maintained in good condition and working order, subject to fair wear and tear.
10.2 Usage Restrictions
The Device must:
- Be possessed and used only by you.
- Remain within Australia unless Revra agrees otherwise in writing.
- Be used in compliance with the manufacturer's instructions.
10.3 Screen Protector and Case
- Protective Measures: You must use a screen protector and case to protect the Device.
- Provision by Revra: Revra will provide a screen protector and case when possible.
- Replacement: If the provided accessories become damaged, you must obtain and use your own to protect the Device.
11. Lifetime Warranty
11.1 Coverage
While you are on a Subscription Plan, the Device is covered by a lifetime warranty against defects in quality and materials under normal use.
11.2 Limitations
- Revra does not guarantee uninterrupted or error-free operation of the Device.
- Device performance may be affected by system configuration, applications, data, and your operation of the system.
11.3 Warranty Claims
If you make a warranty claim, you must provide the Device to Revra for inspection. Revra may:
- Replace the Device with the same or a similar Device.
- Repair the Device and return it to you.
- Terminate your Subscription Plan and refund any payments attributable to the period after your warranty claim notice.
12.1 Liability for Damage
You are liable for any damage to the Device after supply and must immediately inform Revra.
12.2 Repair Costs
Subject to any manufacturer's warranty or consumer guarantees under the ACL, you must pay for any repair of the Device.
12.3 Charges for Damage
Depending on the extent of the damage, Revra may charge you:
- The reasonable costs of repairing the Device.
- The Restocking Fee, if repair is not feasible.
- Another amount agreed between the parties.
13. Data Responsibility
13.1 Data Protection
You are solely responsible for protecting the data stored on the Device.
13.2 No Liability for Data Loss
Revra is not responsible or liable for any loss of data on the Device.
13.3 Data Backup Recommendation
Revra recommends that you regularly back up your data.
14. Support Services
14.1 Customer Support
Revra offers customer support via email at support@revra.com.au or by phone on (02) 6108 3900.
14.2 Limitations
Support services are provided during business hours and are subject to availability. Revra does not guarantee resolution times but will work diligently to support all its customers.
15. Cancellation of Subscription Plan
15.1 Termination by Either Party
Either party may cancel the Subscription Plan by providing seven days' written notice prior to the next due payment (Cancellation Notice).
15.2 Immediate Termination by Revra
Revra may terminate the Subscription Plan immediately if it reasonably believes there is a risk that the Device will not be returned in good working order and free from damage.
16.1 Obligations Upon Cancellation
You must return the Device by the last date of your Subscription Plan as stated in your Cancellation Notice.
16.2 Conditions of Return
You must return the Device:
- Restored to factory settings.
- Unlocked and cleared of all personal data.
- Signed out of all personal accounts.
- In the original packaging or other packaging adequate protective material.
- In the same condition as when received, subject to fair wear and tear.
(the above collectively, being the Conditions of Return)
16.3 Responsibility and Liability
- You remain responsible for the Device until it is returned and the Conditions of Return are satisfied.
- If you send the Device back to Revra, you remain liable for any damage which occurs to the Device until Revra receives the Device. This includes any damages which occurs while in transit with a postal service or courier.
- If posting the Device back to Revra, you must use tracked postage and provide the tracking number to Revra.
16.4 Failure to Return
If the Device is not received by the last date of your Subscription Plan as stated in your Cancellation Notice, fees under this Agreement will continue to be charged until the Device is returned.
16.5 Data Wiping
If the Device is not wiped of all data, Revra may wipe all data upon receipt.
16.6 Non-Compliance with Conditions of Return
If the Device fails to meet the Conditions of Return, Revra may charge you the Restocking Fee.
17. Late Fees
17.1 Overdue Payments
If you have overdue payments, you are liable to pay Late Fees as detailed in Schedule 1.
18. Restocking Fee
18.1 Termination Due to Arrears
If you are more than 28 days in arrears, Revra may terminate your Subscription Plan and charge you a Restocking Fee, in addition to any outstanding fees.
18.2 Cessation of Subscription Fees
Your obligation to pay Subscription Fees ceases on the day the Restocking Fee is charged.
18.3 Payment of Restocking Fee
You must pay the Restocking Fee within 14 days of being charged.
19. Financial Hardship Policy
19.1 Notification
If you are experiencing financial hardship affecting your ability to make payments, contact Revra immediately.
19.2 Assessment
You will need to provide relevant information for Revra to assess your situation confidentially. Revra may request further information from you to assess your situation.
19.3 Alternate Payment Plans
Revra will consider, but is not obligated to agree to, alternate payment plans. For the avoidance of doubt, such alternative payment plans will not reduce amounts owed to Revra.
20. Restriction of Functionality
20.1 Right to Restrict
If you are more than 14 days overdue in payments, Revra may remotely restrict the Device's functionality.
20.2 No Access to Personal Data
Revra will not access any data stored on your Device.
21. Possession and Ownership
21.1 No Transfer of Ownership
You will not own the Device, you are entitled only to possession and use of the Device.
21.2 Bailment
Your interest is solely as a bailee.
21.3 Restrictions on Rights
You agree not to:
- Transfer possession.
- Dispose of the Device.
- Encumber the Device.
- Create a lien over the Device.
- Assign rights or interests in the Device.
22. Purchase of Device
22.1 Request to Purchase
You may request to purchase the Device, however Revra is under no obligation to agree to your request.
22.2 Transfer of Title
If Revra agrees to sell the Device to you, ownership of the Device transfers to you upon receipt of the agreed purchase amount and any outstanding fees.
22.3 As-Is Sale
The Device is sold on an "as is" basis, reflecting its condition at the time of sale, including any disclosed faults or defects. We do not provide any additional warranties beyond those required by law. Nothing in this Agreement excludes, restricts, or modifies any rights or remedies you may have under the ACL.
23. Missing Device
23.1 Notification
You must notify Revra immediately if the Device is lost, destroyed, or stolen.
23.2 Liability
You are responsible for the Device until Revra receives it back.
23.3 Restocking Fee for Missing Device
Revra may charge you the Restocking Fee for a missing Device.
24. Indemnity
24.1 Your Liability
You are liable for, and indemnify Revra against, any reasonable fees, costs, and expenses incurred due to enforcing this Agreement, recovering late payments, or resulting from your breach of this Agreement.
24.2 Recovery of Costs
This includes third-party costs such as court fees, legal fees, and debt collection agency fees.
25. Liability
25.1 Compliance with ACL
Nothing in this Agreement limits your rights under the ACL.
25.2 Limitation of Liability
To the extent permitted by law, Revra's liability is limited to:
- Repairing the Device.
- Replacing the Device.
- Re-supplying the services.
25.3 Exclusion of Indirect and Consequential Loss
Neither party will be liable for indirect or consequential losses.
26. Compliance with Laws
26.1 Legal Compliance
You agree to comply with all applicable laws and regulations in relation to the Device.
27. Australian Consumer Law
27.1 Statutory Guarantees
Revra’s goods and services come with guarantees that cannot be excluded under the ACL.
27.2 No Exclusion of Rights
Nothing in this Agreement excludes, restricts, or modifies your rights under the ACL.
28. No Set-Off
28.1 Payment Obligations
You must pay all amounts due under this Agreement without set-off or deduction.
29. Amendments to Agreement
29.1 Amendments by Revra
Revra may amend this Agreement by providing you with 42 days' prior written notice. If you do not agree to the changes, you may terminate your Subscription Plan without penalty before the amendments take effect.
29.2 Amendments by You
To propose an amendment, provide Revra with written notice detailing the changes. Revra is under no obligation to accept your proposed amendments.
30. Notices
30.1 Method of Delivery
Notices must be in writing and delivered personally, by registered mail, or by email.
30.2 Deemed Receipt
A notice is deemed received:
- On the date of delivery if delivered personally.
- Three business days after mailing if sent by registered mail.
- Upon receipt confirmation if sent by email.
30.3 Contact Information
- Revra
- Address: Revra, Level 5, 1 Moore St, Canberra ACT 2601
- Email: support@revra.com.au
31. Privacy
31.1 Personal Information
Your personal information will be handled in accordance with Revra’s Privacy Policy at revra.com.au/privacy-policy.
32. General Provisions
32.1 Relationship
This Agreement does not create any agency, partnership, or joint venture.
32.2 Waiver
A waiver is only effective if in writing. Failure to exercise a right is not a waiver.
32.3 Survival of Terms
Clauses relating to payment obligations, indemnity, liability, data responsibility, and any others intended to survive termination will remain in effect.
32.4 Severability
If any provision is invalid or unenforceable, it will be severed, and the remaining provisions will remain in effect.
32.5 Entire Agreement
This Agreement constitutes the entire agreement between the parties.
32.6 Governing Law
This Agreement is governed by the laws of the Australian Capital Territory. Parties submit to the exclusive jurisdiction of its courts.
32.7 Assignment
Revra may assign its rights and obligations without notice. You may not assign yours without Revra’s prior written consent.
32.8 Headings
Headings are for convenience and do not affect interpretation.
Schedule 1 – Late Fees
Application of Late Fees:
- First Four Weeks of Overdue Payments:
- Day 1 of Overdue Payment: A Late Fee of $5 is applied on the first day your payment is overdue.
- Day 8 of Overdue Payment: An additional Late Fee of $5 is applied at the beginning of the second week your payment remains overdue.
- Day 15 of Overdue Payment: An additional Late Fee of $5 is applied at the beginning of the third week your payment remains overdue.
- Day 22 of Overdue Payment: An additional Late Fee of $5 is applied at the beginning of the fourth week your payment remains overdue.
- After Four Weeks of Overdue Payments (From Day 29 Onwards):
- Day 29 of Overdue Payment and Every 7 Days Thereafter: A Late Fee of $20 is applied at the beginning of each subsequent week your payment remains overdue (e.g., on Days 29, 36, 43, etc.).
Please Note:
- Continued Subscription Fees: You are also liable for the continued payment of your Subscription Fees during the period of overdue payments.
- Accrual: The Late Fees are cumulative and will continue to accrue until all overdue amounts are paid in full or the Restocking Fee is charged to you in accordance with this Agreement.
- Reasonableness of Fees: Late Fees represent a genuine estimate of the costs incurred by Revra due to your late payment.
