1. Definitions & Terms. References to “us”, “we” and “our” refer to SEKI GADGETS and references to “you” and “your” are references to you, the person addressed on this agreement. References to “loan device” refer to the loan device that is subject to this agreement. References to “your device” refer to the device listed in the repair ticket. By taking possession of the loan device identified in section 1 and signing this agreement, you acknowledge and agree to all the terms and conditions listed below:
2. Offer of Loan Device. SEKI GADGETS hereby offers a loan device to you while service is performed on your current device.
3. Device. You acknowledge receipt of the loan device listed below which at SEKI GADGETS’s discretion may be new or refurbished and agree to return it to SEKI GADGETS (i) no more than seven (7) days from the date SEKI GADGETS notifies you that your device is waiting collection or (ii) upon SEKI GADGETS’s request to do so (each, a “Return Date”).
4. Device Title. From the date on which you receive the Loan Device through the Return Date, title to the Loan Device shall at all times remain vested in SEKI GADGETS.
5. Return of Device. The Loan Device is strictly offered to you while your Device is serviced by SEKI GADGETS. SEKI GADGETS will return your Device to you after service has been completed, the Loan Device has been returned, and all outstanding payments are received.
6. Return Date Extension. If your circumstances prevent you from collecting your repaired Device on or before the Return Date, you may submit a request to SEKI GADGETS for an extension of five (5) days beyond the standard seven (7) day return period. You may submit a request for the extension by contacting SEKI GADGETS directly. Upon approval of the five (5) day extension, the extended date will become your Return Date for the purposes of these terms, and you will be required to return the Loan Device by that extended Return Date. All of the terms set forth in this agreement will apply to that extended Return Date.
7. Safeguarding. You must take all reasonable steps to safeguard and protect the Loan Device from damage, loss, theft, or abuse while in your care, custody, and control. If the Loan Device is lost, stolen or damaged, you must notify SEKI GADGETS immediately. Only SEKI GADGETS may service the Loan Device. SEKI GADGETS reserves the right to hold you responsible for repair or replacement costs if the Loan Device is lost, damaged, or stolen while in your care.
8. Permitted Use. The Loan Device is to be used solely by you while your device is being serviced by SEKI GADGETS (“Service Period”). You must not use the Loan Device for any unlawful purpose. Only software with valid licenses should be loaded on the Loan Device.
9. Return of Loan Device. You acknowledge that before returning the Loan Device, you are responsible for erasing all files, including personal and/or confidential files and data, created by you. Therefore, should you wish to retain any files you created, you should backup your files so that the files can later be transferred to your own repaired device. You are responsible for removing and storing any such files prior to returning the Loan Device to SEKI GADGETS. SEKI GADGETS is not responsible nor liable for any files or data remaining on, or erased from the Loan Device, following its return.
10. SEKI GADGETS Liability. To the fullest extent permitted by law, SEKI GADGETS will not be liable for any consequential, incidental, indirect or direct damages arising out of these terms or the use of the Loan Device, including without limitation any loss of or affecting your personal property, software or data.
11. Variation. We reserve the right to update, change or replace any part of these Terms at any time. The most recent version shall be deemed to be in effect.
12. Governing Law. This Agreement is governed by the Laws of Australian Capital Territory, Australia. The Parties hereby submit to the non-exclusive jurisdiction of the Australian Capital Territory courts in relation to any dispute arising from or in connection with this Agreement.