Gizmo Corporation Pty Ltd (ABN 18 117 892 501)
These terms and conditions, together with our Privacy Policy, Back-up Consent Form and Computer Release Form (each as amended from time to time) (collectively "Terms") govern our relationship with you.
When you use our services, you agree that you have read and understood the Terms. We may request that you sign a form acknowledging this.
References to "", "", "" in the Terms are references to Gizmo Corporation Pty Ltd and its related companies, its employees, contractors or agents.
References to "" refer to our technicians.
Our website is located at www.gizmo.com.au.
1. What we do
We provide our services by:
- Visiting your home (); or
- Helping you over the phone ().
As part of providing these services we may:
- sell you certain types of equipment, hardware or software (). Such Sales Services are subject to our Terms of Sale which are available on our website or from our Gizmotechs upon request; and/or
- take your hardware to our base. Before we remove your hardware, you must sign our Computer Release Form.
Our services will be provided during our service hours which are set out on our website.
Our services are designed to meet the needs of home users including those who work from home (SOHO). In most cases, we do not provide services to medium and large businesses. If you are not sure whether you qualify as home user or SOHO please discuss this with us before you book our services as we may still be able to provide services. In some cases where you use a work computer and do not have administration rights to your computer, our ability to provide services to you may be limited. If you think this may be the case, please discuss this with us.
Information about our services and pricing is available on our website or from our Gizmotechs upon request. We recommend you check this information regularly as we may change our services and pricing from time to time.
We may provide you with hardware or software manufactured by a third party. You agree to comply with our reasonable directions to enable us to comply with our obligations to such third parties.
2. What we need you to do
So that we can provide you with the best services we can, it is important that you do certain things requested by us before we provide your services. If you don't do these things, we may not be able to provide you with our services and/or you may risk losing valuable data. In the case of On-Site Services, if you do not do these things, before our visit, we may charge you a cancellation fee ($99).
2. 1 Software
If our services involve the installation of software, then you must provide our Gizmotechs with the installation disks for your operating system or software along with a product key for this software.
2.2 Backing up your software or data
Computers are complicated machines and although we take all reasonable precautions, files can be lost simply by doing routine work. You acknowledge and agree that it is your sole responsibility to back up all software and data that is stored on your computer's hard drive(s) and/or any other storage devices you have before we provide any services to you (including Phone services). If for some reason you cannot back-up your data, we can do this for you for a fee as part of our On-Site Services if you request our "Back me up" service which is provided pursuant to these Terms (including the Back-up Consent Form). If you choose not to back-up your data, either yourself or through us, you do so at your own risk and agree that we will not be responsible at any time for any loss, alteration or corruption of data or files relating, either directly or indirectly from the provision of our services.
3. On-site Services
On-Site Services involve our Gizmotechs visiting you at your home or other location requested by you (). When we visit your Premises, you must acknowledge that you have read and understood these Terms before we will provide services to you.
You must ensure that a person of at least 18 years of age is present for the duration of the provision of On-site Services.
You must provide our Gizmotechs with access to the areas of your Premises necessary to provide services, necessary passwords to your computer, a safe working environment and working space, electrical power and internet access (where applicable).
You acknowledge that if our Gizmotech arrives at your Premises and such things are not provided, we may not be able to provide you with services and you may be charged a cancellation fee ($99).
4. Phone Services
Gizmo will attempt problem diagnosis and a solution over the phone for an applicable fee. All Phone Services require credit card payment prior to commencement of service.
In some cases, we will not be able to provide Phone/remote Services unless we are given remote access to your computer. We cannot gain access to your computer remotely unless you have given us your permission to do so and you have downloaded software onto your computer to allow us to do so. When you download that software you agree to our Terms and any other terms and conditions relating to that software.
When we access your computer remotely, we will respect your confidentiality and the privacy of your information. For more details see the "We respect your privacy and the confidentiality of your information" section below.
5. We respect your privacy and the confidentiality of your information
When we provide you with services, sometimes access to, and incidental copying of, your personal and confidential data is unavoidable. We respect your privacy and the confidentiality of your information, and agree to collect, use and disclose such information in accordance with these Terms (including our Privacy Policy which is available on our website) and the law.
For the avoidance of doubt, you retain all rights in your information and, other than as permitted by these Terms, we will not use it without your consent. We will keep all such information confidential and, other than as permitted by these Terms, will not disclose it to any third party without your prior written consent.
Permitted collection, use and disclosure
You agree that we may collect, use and disclose such information (including personal information about you) in accordance with the terms of our privacy policy, including:
- for all purposes associated with the provision of services (including disclosure to third parties who referred you to us);
- the purpose of communicating with you about products and services which we, our partners or affiliates may provide to you; and
- where we are required to disclose such information as a matter of law (for example to law enforcement agencies).
When you provide your personal information to us, Gizmo will give you the choice as to whether or not you wish to receive further information about special offers, promotions and changes to our products and services. If you indicate that you do not wish to receive these, we will not contact you further for these purposes. Please allow 28 days for your request to be processed.
If you do not indicate such a preference, you will be taken to have consented to us contacting you to provide further information that may be of interest to you relating to Gizmo products and/or services. This consent will be taken to apply until such time as you inform us that you do not wish to be contacted further,
6. Service charges and payment
All payments for services must be by made by credit card at the time services are provided.
A cancellation fee ($99) may be payable if you cancel your service request and do not give us at least 4 hours notice of such cancellation.
If we supply you with additional hardware and software you will be charged for such software or hardware.
Service guarantee
If you are not satisfied with your service, please call 1300 275 449 for assistance.
If we cannot provide you with a solution to your problem, we will not charge you for our services. In some cases, the solution may be that you need to upgrade or replace your software or hardware. If we advise you to do so and you choose not to upgrade or replace your software or hardware, you acknowledge that we have met our commitment to you by providing you with a solution to your problem, whether or not you choose to implement that solution.
We also warrant our Phone Services for 5 days and our On-site Services for 30 days. If you notify us of a problem with the services you were provided within the stated time period, and our diagnosis of the problem indicates that our services were not performed satisfactorily, we will work to provide a solution to your problem quickly at no additional cost to you.
You acknowledge that computers are complicated and sometimes problems are more deeply rooted or complicated than initially diagnosed. You also acknowledge that the fact that a problem occurs with your computer within the warranty period may be unrelated to the work we performed for you and is therefore outside the scope of our services guarantee.
When we sell you equipment, hardware or software, we may resell such equipment, hardware or software on behalf of a third party manufacturer or licensor. If there is a problem with any equipment or hardware we provide you, your remedy may rest with the manufacturer or licensor of such equipment, hardware or software. Please refer to our Sales Services terms for more details on remedies available to you.
We do not warrant that the operation of any software we install or service will be uninterrupted or error free. You acknowledge that software (and information technology and communications products generally), including your software, may have errors and may encounter unexpected problems, and accordingly, you may experience downtime and errors in the use of software. You also acknowledge that your use of such software may be subject to a third party licence.
We also reserve the right to discontinue providing any or all services if, in our reasonable opinion:
the minimum system requirements are not met or your technical needs (including wiring or overcoming physical or technical barriers) or other requirements are unusual or extensive and beyond the scope of our services;
- we consider that your equipment is beyond reasonable service repair;
- our Gizmotech is concerned for his or her safety; or
- any other factor or event beyond our reasonable control prevents us providing services.
Our Liability to you
To the full extent permitted by law, and subject to our service guarantee above, we expressly exclude all warranties, conditions, guarantee and representations (whether express or implied) under statute, law, equity, trade custom, prior dealings between you and us or otherwise in respect of goods and/or services that may be provided by us to you under these Terms.
To the full extent permitted by law, our sole liability to you in respect of the services we provide is limited to the amount of the fees and charges paid by you to us under these Terms for the particular service the subject of our liability.
Some warranties and guarantees are implied by law, and cannot be excluded by us, except to a limited extent. To the extent we can limit such liability, we limit our liability to (at our election):
- in the case of goods, at our election, to the cost of:
- replacement of the goods;
- supply of equivalent goods,;
- payment of the cost of replacing the goods or acquiring equivalent goods; or
- the repair of the goods or payment of the cost of having the software repaired.
- in the case of services supplied to you, at our election, to the cost of:
- Supplying the services gain; or
- The payment of the cost of having the services supplied again,
Nothing in these Terms excludes or modifies any liability either party may have to the other for fraud or deceit or for death or personal injury caused by the negligence or the wilful misconduct of either party.
To the full extent permitted by law, under no circumstances will we, any related entities or any third party provider engaged by us be liable to you or any other person for any direct, indirect, incidental, special or consequential damages, expenses, costs, profits, lost savings or earnings, lost or corrupted data, or other liability arising out of, or related to, the services or goods provided by us or a third party service provider engaged by us.
General
These Terms will be governed by and construed in accordance with the laws of New South Wales.
Page last updated: 03/12/07