Terms & Conditions

1. APPLICABILITY AND ACCEPTANCE OF THESE CONDITIONS
   Your acceptance of goods and services from us means that you accept these Conditions. No variation by you of these Conditions will be valid unless our authorised representative gives you written confirmation that that variation is accepted. We may make changes to these Conditions from time to time without prior warning.


2. PRICES, CHARGES AND PAYMENT
   You agree to pay in full the amount specified on any invoice rendered by us for goods and services supplied to you on completion of service (C.O.D payment terms) unless we agree otherwise in writing. Where we make individual deliveries of goods or deliveries in instalments, you may be invoiced separately for each delivery in which case, you agree to pay each invoice according to these terms and those of the individual invoice. If you purchase a product through us that is published by another company, you will be required to pay our cost of the importation of the product and we may charge a delivery fee for delivering the product to your address. The importation cost will be included in the product price on the invoice for the goods. The delivery fee may be listed separately on the invoice or included in the product price. If we have to convert the price or the charge for the cost of importation from another currency, you agree that we have absolute discretion in relation to the exchange rate used to make the conversion. We do not accept payment by American Express or Diners Club.


3. DELIVERY
   You accept that dates we give you for delivery are our best estimate, are given in good faith and may be subject to change without notice. We will deliver goods and services ordered to the address supplied by the customer (You) at the time of your booking. You agree that delivery will be complete when the goods are dispatched to your nominated address or upon acceptance of the invoice for the service provided.


4. RISK AND TITLE
   The risk in any goods that you order from us will pass to you on delivery irrespective of when payment is completed. You agree that all goods remain our property until you have paid for them in full. Until then, you acknowledge that we remain the equitable and legal owner and that you are in possession of those goods only as our bailee until you have completed payment. For the avoidance of doubt, your entitlement in relation to any service is limited to a licence only for the subscription period. Ownership is reserved to us. You are liable to pay in full the price of any goods or services delivered to you. If you fail to pay for goods by the due date for payment, we will be entitled to retake possession of the goods, resell them and keep the proceeds of the sale. Any shortfall remaining in the amount owing after resale will remain a debt owed by you.


5. UNANTICIPATED EVENTS
   We may cancel or suspend delivery of any ordered product in the event of any delay or non-performance due directly or indirectly to wars, terrorism, strikes, lockouts, delays or defaults of manufacturers or suppliers, act of God, or any other cause beyond our reasonable control.


6. PRIVACY
   If you are one or more individuals this Clause applies. You acknowledge that personal information concerning you collected or held by us may be used for a variety of purposes including:
   1. to supply goods and services that you have ordered;
   2. to administer your account and to enforce this contract;
   3. for marketing purposes which may include disclosure of your information to other members of SuperGeek.com.au Pty Ltd;
   If you do not want us to use your personal information for marketing purposes, please advise us in writing.


7. GST
   In these Conditions the terms “GST”, “supply” and “tax invoice” have the meaning given to those terms in the A New Tax System (Goods and Services) Tax 1999 (Cth) and the term “GST” also includes any penalties or additional tax imposed in relation to the GST payable in relation to the supply of services under these Conditions. Any amount payable by you under clause 2 is inclusive of GST. If the amount of GST paid or payable by us on a sale made to you differs from the amount of GST you have paid to us for the goods or services sold, then the amount of GST paid by you will be adjusted either by further payment by you to us or repayment to you by us of the amount of the adjustment. In relation to any GST paid by a party under these Conditions, including any adjustment, the payee will provide the payor with a tax invoice.


8. TERMINATION FOR BREACH
   Without prejudice to our other rights at law, we may cease supply of goods or services to you immediately by giving notice in writing if you breach any material term of these Conditions.


9. DISCLAIMER OF LIABILITY AND WARRANTIES
   The Trade Practices Act 1974 (Cth) and similar laws may confer rights and remedies on you in relation to the provision by us of goods or services ordered by you which cannot be excluded, restricted or modified (Non-excludable Rights). We do not exclude any Non-excludable Rights but we do exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:
   1. all goods and services ordered by you are provided without warranties of any kind, either express or implied;
   2. we do not warrant that those goods and services will be complete or free from all errors;
   3. we do not warrant that information will continue to be available to us to enable us to keep those goods and services up-to-date;
   4. all representations are expressly excluded and you have not relied on any representations in ordering goods and services from us.
   To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to supply of the good or service ordered by you again or paying for their resupply.


10. No Fix – No Fee
    Supergeek's no fix no charge policy means that if we do not have the technical ability or solution to your problem, we will not charge you for our services. This could include solutions such as upgrading or replacment of your existing software/hardware/device. If we advise you to do so and you choose not to upgrade or replace your software/hardware/device, you confirm that we have met our obligation to you by providing a solution to your problem, whether or not you choose for us to carryout that recommendation.
    
    The following are examples of situations that are exempt from the “No Fix – No Fee” rule.
    1. Replacement of hardware, or computer is classified as an acceptable option
    2. SuperGeek diagnoses a problem that is out of our field of expertise (e.g. Phone line issues, accounts disabled, incorrect passwords, cabling)
    3. Customer declines repair options that are made available by SuperGeek