Thank you for visiting the Gizmo Website ("Site") which is operated by Gizmo Corporation Pty Ltd (ABN 18 117 892 501) ("Gizmo" ).
Access and use of this Site
Access to and use of this Site is provided strictly subject to these terms of use. By entering and using this Site you accept, without limitation or qualification, these terms of use and the Privacy Policy (collectively, the "Website Terms"). You must not use this Site if you do not agree to be bound by these Website Terms.
Except as otherwise expressly stated on this Site and to the full extent permitted by law, this Site and all information contained within it regarding or relating to Gizmo and its related entities, products and services is provided "as is" and on an "as available" basis without any representation or endorsement made and without warranty of any kind, whether expressed or implied.
Features and specifications of products and services described or depicted on this Site (including, without limitation, products manufactured or supplied through our business partners or suppliers which are displayed on this Site and their attributes) are approximate only and subject to change without notice. A reference to products or services on this Site does not imply or warrant that the products or services will be available at any time in your particular locality.
Payment
You may book a service by calling us on 1300 275 449. We will process payment on the card once we have provided the service. We will issue you with a tax invoice when we take payment.
To the extent you make any payments by credit card for goods and services provided on this Site or by Gizmo generally, you warrant that you are an authorised user of the credit card used to complete payment in accordance with these Website Terms. Gizmo accepts Visa, MasterCard, Bankcard, American Express and Diners Club.
Payment is made in Australian dollars. If you pay for your product in any currency other than Australian dollars, the amount you have paid for your product will be subject to foreign exchange rate fluctuations.
Gizmo may vary prices in the event of price changes or mistakes on reasonable prior notice to you. If Gizmo requests payment for increased prices, you may cancel your request for services or your product order by giving notice to Gizmo, which must be received within 7 days of the announcement of the increase.
Provision of services
Gizmo currently provides its services to certain locations within Sydney, Melbourne, Brisbane, Hobart, Gold Coast, Canberra, Perth and Adelaide, Australia only. Please refer to our website or call us on 1300 275 449 to check whether we are in your area.
Orders are subject to the Australian GST.
Liability
Your use of this Site is at your own risk. To the extent permitted by law, neither Gizmo nor any party involved in creating, producing or delivering this Site accepts any liability for the accuracy, timeliness or completeness of the information contained on this Site or any responsibility for any errors or omissions in the content on this Site whether or not Gizmo is aware of such errors or omissions nor do they accept any liability for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue of profit, or loss or corruption of data arising out of your access to, or use of, or inability to use or access this Site, whether arising in tort or contract.
Gizmo does not guarantee that the functions contained on this Site will be uninterrupted or error free and does not warrant that this Site or its server is free of computer viruses, bugs or other harmful components or that defects will be corrected even if Gizmo is aware of them.
The Trade Practices Act 1974 (Cth) and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified ("Non-excludable Rights"). Where it is permitted to do so, Gizmo limits its liability for breach of any implied warranty, condition or undertaking which cannot be excluded, at the option of Gizmo, to:
- in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
Modification of Website Terms
Gizmo reserves the right to change, modify, add or remove sections of the Website Terms and to add to, change or discontinue the products, services, programs and information contained in, or any other aspect of, this Site at any time and without liability. We will notify you of such changes by posting an updated version of the Website Terms on our Site. Please check this Site regularly for changes as your continued use of this Site signifies your acceptance of any changed Website Terms.
Other rights
Unless otherwise noted, all materials on this Site are protected as copyright, trade names, trade marks or are other intellectual property owned by Gizmo and/or its related entities or by other parties that have licensed their material to Gizmo. Other than viewing and downloading content from this Site for purposes permitted on this Site, you do not have the rights to use these intellectual property rights without the written permission of their owner. You agree that you will not use this Site for any unlawful purpose. You will not violate or attempt to violate the security of this Site.
All rights not expressly granted are reserved.
Restrictions on use
Your use of the materials on this Site is only for informational purposes and purposes related to your use of Gizmo's services. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this Site in any way. You agree to indemnify and hold harmless Gizmo for any and all unauthorised uses you may make of any materials on this Site. You acknowledge the unauthorised use of the contents could cause irreparable harm to Gizmo and that in the event of unauthorised use, Gizmo shall be entitled to an injunction in addition to any other remedies available at law or in equity.
Links to external sites
Some links on this Site will allow you to connect with sites that are not under our control. Gizmo is providing these links only as a convenience. The appearance of a link does not imply Gizmo's endorsement, nor is Gizmo responsible for the contents of any linked site. You access them at your own risk. Subject to any non-excludable rights, Gizmo disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise for any materials or information contained on such sites.
You should carefully review the terms of use and privacy policies of all external websites that you visit. For an explanation of Gizmo's own practices and policies related to the collection, use and storage of our online guests' information please read our Privacy Policy.
Governing law
These Website Terms will be governed by the laws of New South Wales, Australia, and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any of the Website Terms are found to be unenforceable under New South Wales law, this will not affect the remainder of these Website Terms.