Terms & Conditions

NOTICE: We do not provide our services or products to customers from NSW.

By accessing or using our website and services, you agree to comply with and be bound by the following terms and conditions. If you disagree with any part of these terms, please do not use our website or services.

1. General Liability

Privacy First strives to provide accurate and up-to-date information on our website, but we do not warrant the completeness, reliability, or accuracy of this information. Your use of the website and services is at your own risk. We reserve the right to modify, suspend, or discontinue any aspect of our website or services at any time without prior notice.

In no event shall Privacy First, its affiliates, partners, employees, or agents be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or inability to use our website or services.

Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded or limited. Where our liability for a failure to comply with a consumer guarantee can be limited, it is limited (at our option) to replacing or repairing the goods, or paying the cost of doing so, or supplying the services again or paying the cost of having them supplied again. Subject to this, the exclusions of liability in these terms apply to the fullest extent permitted by law.

2. Device Usage

Privacy First sells mobile phones, accessories, and related services. It is important to note that we do not assume any responsibility for how customers use the devices purchased through our website. Users are solely responsible for their actions and the consequences of using our products.

Customers are advised to use mobile phones and associated services in accordance with relevant state laws and regulations. Privacy First disclaims any liability for any unlawful or improper use of devices and services obtained through our platform.

3. Compliance with State Laws

Users of our website and services must adhere to the laws and regulations of their respective states regarding the use of mobile phones and related technologies. Privacy First is not responsible for any legal consequences arising from the misuse or unlawful use of our products.

It is the responsibility of the customer to stay informed about and comply with the laws governing the use of mobile devices in their jurisdiction.

4. External Links

Our website may contain links to external websites or third-party services that are not owned or controlled by Privacy First. We do not endorse or assume any responsibility for the content, privacy policies, or practices of these third-party websites or services.

By using our website, you acknowledge and agree that Privacy First shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.

5. External Service Providers

Privacy First uses multiple mobile virtual network operators (MVNOs) as providers of our roaming / worldwide data plans. Privacy First is not a carrier, and considers that it should be classed as a reseller, agent or distributor rather than a regulated carriage service provider (CSP). Our data lines do NOT have the ability to call or text.

6. Identity Verification (KYC) for Data eSIMs

The data eSIMs we sell are supplied by overseas telecommunications providers and use an overseas telephone number. The country of that number varies, but it is never an Australian (+61) number. In Australia, our eSIMs connect via international roaming.

The Telecommunications (Service Provider – Identity Checks for Prepaid Mobile Carriage Services) Determination 2017 sets out identity checks for prepaid mobile services in Australia. After liaising with the Australian Communications and Media Authority (ACMA), we have been advised that the Determination applies to prepaid services that use Australian telephone numbers, including data-only services where an Australian number is involved. It was also advised that where a service does not use an Australian telephone number, the Determination would generally not apply.

As our data eSIMs do not use Australian telephone numbers, we do not require identity verification when you purchase one from us.

7. Device Manufacturer

Privacy First modifies smartphones originally manufactured by Google. These modifications are made independently, without Google’s involvement or consent. Any Google trademarks on a device identify the original manufacturer only and are not used by us as trademarks. We do not resell devices on their own; we offer security bundles on the hardware we provide. Privacy First assumes no liability for any losses, damages, or legal issues arising from misuse of the device or software, including total data loss, loss of cryptocurrency funds, loss of documents, or other damages due to misuse, whether intentional or accidental. Google Pixel is a trademark of Google LLC. Privacy First is not affiliated with or endorsed by Google.

8. Conditions of Use & Liability Notice

Please Read This First

This notice is issued by Privacy First (“we”, “us”, “our”). It explains, in plain language, the conditions on which your device and any related products or services are supplied — and where responsibility sits once the device is in your hands. By activating or using your device, you accept these conditions. If you do not accept them, contact us (or email sales@privacyfirst.com.au) before using the device for a refund.

What This Device Is — and Is Not

Your device is a standard consumer smartphone, privately configured by Privacy First with GrapheneOS, an independent, open-source privacy and security operating system. It is a general-purpose consumer product, sold openly, and it is intended for one thing only: lawful personal and business use — protecting your data, your communications and your privacy against malware, theft, scams and unauthorised access. It is not designed, supplied, configured or intended for concealing, committing or facilitating unlawful activity of any kind. It is not a tool for evading the law, and we do not supply it as one.

Your Responsibility — in Full

From the moment this device is supplied to you, you alone control it, and you alone are responsible for everything done with it. That includes, without limitation:

• Every use you make of it — every call, message, photograph, recording, transaction, download and communication sent, received or stored on the device;
• Every app and service you choose to install or access, and your compliance with the terms and laws that govern them;
• Everyone you permit to use the device — if you lend it, supply it, or pass it on, you remain responsible for that choice;
• Every place you take it — including compliance with the laws of any other country you carry it to or use it in;
• Every modification you make after supply — software you flash, settings you change, features you disable;
• Compliance with all applicable laws — Australian federal, state and territory laws, and the laws of any other place of use, including laws on digital communications, data protection, telecommunications, surveillance and cybersecurity.

Put simply: we supply the device. What is done with it after that is your act, your choice and your legal responsibility — not ours.

Unlawful Use — Zero Tolerance, Zero Liability

All security, privacy and encryption features of this device must be used only in a lawful manner. They must never be used to conceal, commit or facilitate unlawful activity. Without limiting that, you must not use this device or any related product or service to:

• plan, commit, further or conceal any criminal offence;
• menace, harass, stalk, defraud or deceive any person;
• intercept, record or monitor another person’s communications without lawful authority;
• store, transmit or access unlawful material of any kind;
• evade a lawful order, warrant, investigation or legal obligation; or
• supply the device to any person you know or suspect intends any of the above.

Any unlawful or improper use is entirely outside the intended purpose of this product. The manufacturer and the seller accept no liability whatsoever for any misuse or unlawful use of this device, and no such use is authorised, endorsed, supported or foreseen by us in supplying it.

The Laws That Apply to Your Use

Your obligations under this notice are not abstract. The laws of every Australian jurisdiction — and of any other country you take this device to — apply to your use of it, and complying with every one of them is your responsibility, not ours.

Commonwealth of Australia

The laws of the Commonwealth apply to your use of this device throughout Australia — including criminal law, telecommunications and interception law, surveillance law, lawful access and assistance laws (under which courts can compel access to devices, and refusal is a serious offence), privacy law, consumer law and export control law. Compliance with all applicable Commonwealth laws is your responsibility.

Every State and Territory

Each state and territory has its own criminal law, surveillance and listening devices law, and police powers legislation — including laws compelling access to devices under warrant, and in some jurisdictions specific offences relating to encrypted devices used in connection with crime. These laws apply to you whenever you are there. Compliance with the laws of:

• New South Wales,
• Victoria,
• Queensland,
• South Australia,
• Western Australia,
• Tasmania,
• the Australian Capital Territory, and
• the Northern Territory

— in each case as in force from time to time — is your responsibility, in whichever state or territory you use this device. Wherever you are in Australia, the law travels with you. Recording conversations, monitoring others, accessing systems without authority, or using this device in connection with any offence is regulated or criminalised in every Australian jurisdiction — and using an encrypted device does not change that in any way.

International Use and Other Jurisdictions

If you take this device to, or use it in, any other country, the laws of that country apply to you and to the device — including its criminal law, telecommunications law, border examination powers, and any laws restricting or prohibiting encryption or VPNs. Some countries ban or license civilian encryption entirely; penalties can include seizure, fines and imprisonment. If you take or send this device overseas, you are the exporter and must also comply with Australian export and sanctions law. Some offences apply to conduct committed abroad — leaving Australia does not always leave Australian law behind. Checking and complying with the current law of every jurisdiction in which you use this device — Australian or foreign — is your responsibility alone. We accept no liability for any consequence of your failure to do so.

9. Partial Payments (Split Payments) and Store Credit

Orders of AUD $1,500 or more (or the equivalent in your currency) may be paid in more than one payment. Each payment is made in multiples of 50 in your order's currency, except the final payment, which may be the exact balance. Prices, currency and any discount code are fixed when the first payment is made.

The full balance must be paid within 30 days of the first payment. Your order is not dispatched or delivered until it is paid in full, and stock is not reserved while an order is part paid. If an item sells out in that time, you may finish paying and receive it when it is back in stock, or convert what you have paid into store credit.

If the balance is not paid within 30 days, your order will be cancelled and all payments made towards it will be converted to store credit. Store credit is valid for 3 years, can be used on any order (including shipping), and is not redeemable for cash. This does not limit your rights under the Australian Consumer Law, and our Refund and Returns Policy continues to apply to orders paid in full.

10. Paying with Cryptocurrency

Orders of AUD $20 or more (or the equivalent in your currency) may be paid in Bitcoin (BTC), Ether (ETH), or Tether (USDT) on the Ethereum or Tron network. The price of your order is set in your order's currency; the amount of cryptocurrency shown at checkout is that price converted at our exchange rate (Independent Reserve's price to sell that coin for Australian dollars). That amount is fixed for 45 minutes.

• Send the exact amount, on the network shown. Cryptocurrency sent on a different network, or a different coin, may be unrecoverable, and we are not responsible for its loss.
• Network fees are yours. The amount shown must arrive in full. If your wallet or exchange deducts its fee from the amount sent, the payment may arrive short.
• Short payments. A payment up to 1.5% short is accepted. If more is missing, we will ask you to send the balance to the same address before your order is delivered.
• Overpayments. If you send more than the amount shown, we deliver your order as normal. An overpayment worth less than AUD $10 when it arrives is kept, as the network fee to return it would take most of it. An overpayment of AUD $10 or more is refunded on request, in the same cryptocurrency and network, less the network fee, to an address you control.
• Late payments. A payment first seen after the 45 minutes is repriced at the exchange rate when it arrives. If it no longer covers the order, we will ask you for the balance.
• Confirmations. Your order is treated as paid once the payment has the number of network confirmations we require for that coin.
• Sanctioned, blacklisted or frozen funds. Our system automatically checks every payment against the US Treasury's OFAC sanctions list, and every USDT payment against Tether's blacklist of frozen addresses. If a payment comes from a sanctioned, blacklisted or frozen person or address, we cannot deliver your order and we are unable to return the funds, and we may be required by law to report it. It is your responsibility to make sure the funds you send are not sanctioned, blacklisted or frozen: you can check the address you pay from beforehand with OFAC's free Sanctions List Search (sanctionssearch.ofac.treas.gov), and for USDT with the USDT contract's “isBlackListed” check on Etherscan or Tronscan, or ask your exchange or wallet provider.

Your country. The country and state you give at checkout decide the price and any GST or VAT on your order. If the location of your internet connection suggests a different country, we will ask you to confirm your country, and we keep a record of your confirmation. By confirming, you declare that it is where you normally live. If the country you give is not where you normally live, you agree to pay us any GST or VAT, and any price difference, that we would have charged had you given your correct country, and we may cancel an undelivered order.

Refunds. Change-of-mind refunds, where we offer them, are given as store credit. Where the law requires a refund of money (for example, a major failure under the Australian Consumer Law, or an order we cannot supply), we refund the price of your order, in your order's currency, paid in the cryptocurrency you choose from those we accept, at the exchange rate on the day of the refund. The number of coins you receive may differ from the number you paid, as their value may have changed. We pay the network fee on these refunds. You must give us a refund address you control on the network you choose; we are not responsible for a refund sent to the address you give.

EU, EEA and UK customers. If you withdraw from your order within your 14-day withdrawal period, you are refunded in cryptocurrency, not store credit, unless you agree otherwise, and you pay no fees for the refund. See section 4 of our Refunds & Returns.

Nothing in this section excludes or limits your rights under the Australian Consumer Law or, if you are a consumer living outside Australia, under the consumer laws of your country that cannot be excluded, including any statutory right to withdraw from a distance contract.

11. Changes to Terms

Privacy First may update or modify these terms and conditions from time to time. Any changes apply from the date the updated terms are published on this page and do not affect orders placed before that date, which remain governed by the terms in place when the order was placed. It is the responsibility of users to review these terms periodically for changes. Your continued use of the website and services after any modifications signifies your acceptance of the updated terms.

12. Governing Law and Contact

These terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland and the courts entitled to hear appeals from them.

If you have any questions about these terms, please contact us or email sales@privacyfirst.com.au.

Privacy First is a registered business name of PF Enterprises Pty Ltd (ABN 39 681 029 327). All products and services offered under the Privacy First name are supplied by PF Enterprises Pty Ltd.