1. Introduction
These Terms and Conditions (“Terms”) apply each time a customer (“Customer”) submits a service request for SEKI GADGETS to provide services (“Services”). Depending on the products or services that the Customer receives from SEKI GADGETS, the Customer may be bound by additional contracts. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of the additional contracts will control and prevail.
Before proceeding, Customers must be aware that although SEKI GADGETS approaches all Services with the utmost care and diligence, there remain a number of risks. These risks include:
- (a) the voiding of the manufacturer’s warranty on the Customer’s Device; and
- (b) loss of data.
The Customer expressly agrees that SEKI GADGETS will not be liable for any damage, cost, or loss associated with these risks.
By submitting a Service request or otherwise submitting a device for Service, the Customer warrants that they:
- (a) have had the opportunity to read and fully understand these Terms;
- (b) agree to be bound by these Terms;
- (c) have taken all necessary steps to back up the data stored on the Device and understand that any data stored on the Device may be lost; and
- (d) have made inquiries into the effect that authorising SEKI GADGETS to carry out the Services on the Device may have on the manufacturer’s warranty of the Device and that they understand these Services may void such warranty.
2. References
The following references apply unless the context requires otherwise:
- (a) References to AUD, $AUD, dollar, or $ are references to the currency of Australia.
- (b) References to “agreement” refer to these Terms and Conditions.
- (c) References to “device” refer to the iPhone, iPad, phone, tablet, screen, logic board, motherboard, gaming console, accessory, and/or any other device.
- (d) References to “service ticket” and “ticket” refer to the Service Ticket.
- (e) References to “service estimate” and “estimate” refer to the Service Estimate.
- (f) References to “service” and “services” refer to the diagnostic service(s), repair service(s), and/or data recovery service(s) as described in the Service Estimate and/or Service Ticket.
- (g) References to “time” are references to Australian Eastern Standard Time (AEST).
- (h) References to “us,” “we,” and “our” refer to SEKI GADGETS.
- (i) References to “you,” “your,” “client,” and “partner” are references to the Customer, the person addressed on the Service Estimate and/or Service Ticket.
3. Service Estimates
3.1 This Is An Estimate
This is an estimate and not a quote. Due to the unpredictable nature of our Services, we do not provide quotes. Any offer, suggestion, or indication of Service pricing, whether written or verbal, including those displayed on any of our digital platforms, is purely an estimate. This is not a fixed price and may change. For all legal purposes and definitions, this is an Estimate.
3.2 Pricing
Unless stated otherwise, the estimated Service cost includes parts, labour, and taxes (where applicable).
3.3 Device Inspection
Any estimate provided by us is strictly subject to visual inspection and diagnostic testing prior to acceptance. Prices are not final and are subject to change pending discovery and complexity of the Service. Any faults or damage determined with the device after the estimate has been approved will be subject to a new estimate requiring approval.
3.4 Service Conditions
Any services performed are subject to clause 5 of these Terms.
3.5 Loan Device
Subject to approval and availability, you may be entitled to a loan device for the duration of your Service. Use of a loan device is subject to clause 4 of these Terms.
3.6 Warranty
Any Services performed are subject to our Warranty Terms & Conditions.
3.7 Typographical Errors
In the event that we have mistakenly listed a product or service at an incorrect price, we reserve the right to refuse or cancel any orders placed for the Product or Service listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and charged. If you have already been charged for the purchase and your order is cancelled, we will issue a refund to your account in the amount of the incorrect price.
3.8 Expiry
Service Estimates are valid for a period of ten (10) calendar days, after which they will expire and a new estimate may be required. It will be at our discretion to continue with the existing estimate or require a new estimate, which may necessitate another diagnostic assessment at an additional charge.
3.9 Deposits & Pre-Payment
We reserve the right to request a deposit of up to 100% of the estimated Service cost before any work is commenced. If we require a deposit or upfront payment, we reserve the right to request this prior to or after acceptance of the Service Estimate.
3.10 Approval
By accepting a Service Estimate, whether written or verbal, you agree to the outlined work being completed and will be liable for all costs resulting from such work.
3.11 Device Delivery
Unless agreed otherwise, you are responsible for all costs in getting your Device delivered to our premises.
4. Loan Devices
4.1 Offer of Loan Device
SEKI GADGETS may offer a loan device to you while Service is performed on your Device.
4.2 Device
You acknowledge that the loan device 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 available for collection or (ii) upon SEKI GADGETS’s request to do so (each, a “Return Date”).
4.3 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.
4.4 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 from you.
4.5 Return Date Extension
If your circumstances prevent you from collecting your Device on or before the Return Date, you may submit a written 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.
4.6 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.
4.7 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 installed on the Loan Device.
4.8 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 back up your files so that the files can later be transferred to your own 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.
4.9 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 from the use of the Loan Device, including without limitation any loss of or damage to your personal property, software, or data.
5. Device Service
5.1 Device Owner
You acknowledge that you are the rightful owner of the Device or have been authorised to act and make decisions regarding the Device on behalf of the Device owner.
5.2 Minimum Charge
If no fault is found on the Device or if we are unable to complete the Service for any reason, we will return the Device to you and we reserve the right to charge you a “Minimum Charge” of $65 plus any Parts, Disassembly/Reassembly, and Return Postage charges that may apply.
5.3 Cancelled Service Tickets
All cancelled “In-Progress” Service Tickets will incur a “Minimum Charge” of $65. Cancelled Service Tickets do not qualify for “No Fix No Fee.” Cancelled “In-Progress” Service Tickets are also subject to Parts, Disassembly/Reassembly, and Return Postage charges.
5.4 Completion Time
Any time estimate specified for completion of the Service is an estimate only and does not form any obligation under the terms of this Agreement. Unforeseen circumstances, parts availability, equipment failure, border closures, courier delays, and work backlogs may impact our ability to complete the services provided to you within the estimated timeframe. We will not be liable for any damages resulting from a delay in completion time. All timeframes refer to standard business days and exclude weekends and/or public holidays.
5.5 Liquid/Water Damage
All liquid-damaged devices are ONLY eligible for data recovery services.
5.6 Microsoldering Risks
Microsoldering a logic board IC, FPC, or any other component is extremely risky even with the precision tools, training, and knowledge that we possess. In some cases, board repairs may even cause loss of other functions that are not related to what is being repaired and/or the Device may not turn on again. By using our Services, you agree that you are aware of and assume all responsibility for these risks and will not hold SEKI GADGETS liable should any of this occur.
5.7 Previous Microsoldering Repair Attempts
All devices with previous microsoldering repair attempts are ONLY eligible for data recovery services.
5.8 Additional Items
We do not accept responsibility for any accessories sent with a Device. This includes but is not limited to chargers, cables, SIM cards, SD cards, cases, covers, and/or accessories.
5.9 Biohazard Cleaning Fee
Devices requiring removal of harmful substances and/or insect infestations are subject to a “Biohazard Cleaning Fee” of $100.
5.10 No-Fix-No-Fee Eligibility
Primary versus Secondary issues. If a Device is deemed unrepairable or not feasible to repair for the primary problem it was sent in for, then we will qualify it as “No Fix.” No fix devices can simply be recycled/disposed of at no charge to you for the parts and labor costs that went into the Device. In accordance with our recycling policy, any device left with us for recycling/disposal must be removed from iCloud. A Device will not qualify for “No Fix No Fee” if the primary problem is solved but it happens to also have an UNRELATED secondary problem. For example, after replacing the touch IC, the Device has a searching/no service baseband issue. If the secondary issue is possibly related to the repair, then we will qualify it as “No Fix.”
5.11 Device Beyond Economical Repair
Upon assessment of your device, we may determine that the Device is beyond economical repair. In such cases, we will return your Device to you and we reserve the right to charge you a “Minimum Charge” of $65 plus any Parts, Disassembly/Reassembly, and Return Postage charges that may apply. We may, at our discretion, waive any charges in exchange for you forfeiting title of the Device to us.
5.12 Payment
Unless your service is pre-paid, payment is due in full before we return the Device to you. We reserve the right to retain possession of the Device until all service fees have been paid in full.
5.13 Discounts & Promotions
Only one promotional discount may be applied at any one time and is subject to our discretion. All valid discounts and promotions must be applied at the point of sale.
5.14 Device Delivery Costs
All costs associated with delivering the Device to our premises are the responsibility of the client. The client is also liable for any costs associated with returning a Device pursuant to a Warranty Request.
5.15 Mail-In Postage Instructions
Device packages must be packaged and addressed according to our Device Mail-In Instructions. Incorrect device mailing requiring additional collection measures will be subject to a “Collection Surcharge” of $50.
5.16 Mail-In Return Postage Charges
All “No Fix” or “Cancelled” Service Tickets are subject to a “Return Postage Charge” of $15. Please note that our standard shipping methods are Australia Post Express with tracking. We do not add insurance or require a signature. If you would like to include insurance, signature on delivery, or change the carrier completely, please let us know and we will do our best to accommodate, noting that any additional charges will be added to your final invoice. We assume liability for any costs associated with returning a Device to you following the resupply of parts and/or services pursuant to a Warranty Request.
5.17 Transit Damage
You may not make any deduction from any payment due or paid by reason of damage to property in transit. Upon request, we may, at our sole discretion, agree as a Service to the client to process a claim against the carrier for any loss or transit damage, provided that the client notifies us in writing within five (5) calendar days and includes pictures of the damage and returns the damaged property in the same packaging. If any of these conditions are not met, the claim will be rejected.
5.18 Device Collection
Excluding mail-in services, all costs associated with collecting the Device from our premises are the responsibility of the client. We shall notify you when your Device is available for collection. Please retain your Service Ticket for collection of your Device. We may, at our discretion, request photo ID and/or deny collection to any person other than the person named on the Service Ticket. Upon collection of your Device, we ask that you fully inspect your Device. Should any questions arise regarding the condition of your Device upon collection, please raise this with a team member.
5.19 Uncollected Devices
Excluding mail-in services, you must collect your device within thirty (30) days from the date we notify you that your Device is available for collection. Any Device not collected within this thirty (30) day period may be deemed as “Uncollected Goods” (Uncollected Goods Act 1995). In accordance with the “Australian Consumer Law and Fair Trading Act 2012” (Sections 60, 61, 62) and Uncollected Goods Act 1995, Uncollected Goods may be sold/disposed of without further notice or compensation to you after the required time period.
5.20 Independent Repairer
You acknowledge and agree that while SEKI GADGETS technicians are certified technicians, SEKI GADGETS is not an authorised repairer of your Device, and by authorizing SEKI GADGETS to perform the Service(s), you may void any manufacturer’s warranty on your Device. If you would like to avoid this, then please take your device directly to the manufacturer, noting that your manufacturer’s warranty will not cover any accidental or deliberate damage.
5.21 Loan Device
Use of a Loan Device is subject to clause 4 of these Terms.
5.22 Passcodes
We reserve the right to refuse Service on any locked or otherwise inaccessible Device. If you send an iPhone or iPad for data recovery and the passcode is found to be incorrect, or if the iPhone or iPad has been previously restored by another technician or yourself, you will still be charged FULL PRICE.
5.23 Device Testing
We perform a series of tests when checking in a Device for Service. If the Device is not testable, we do not accept responsibility for any faults found.
5.24 Diagnostic Assessment
In order for us to perform diagnostics, repairs, and/or data recovery, it may be necessary for us to disassemble the Device, which may result in further damage. We do not accept responsibility for any further damage to the Device because of any existing damage. We will not cover the cost of replacement parts in any circumstances, including if the Device is deemed “No Fix,” “Not Repairable,” or “Beyond Economical Repair.”
5.25 Previous Damage
We do not accept responsibility for any progression in damage where your Device has been previously serviced by someone other than SEKI GADGETS. Should any issues become evident, we shall notify you using the details you provided in your Service request.
5.26 Additional Services
In performing the Services, we may discover that your Device requires additional Services beyond those nominated in the Service Ticket. If the additional Service will incur additional costs beyond that of our initial Estimate, we will notify you using the details you provided in your Service Request and provide you with a revised Estimate. If you do not accept our revised Estimate, we will return your Device to you and we reserve the right to charge you a “Minimum Charge” of $65 plus any Parts Used, Disassembly/Reassembly, and Return Postage charges that may apply. We may, at our discretion, waive any charges in exchange for you forfeiting title of the Device to us.
5.27 Parts
We use genuine original equipment manufacturer (OEM) parts (wherever possible) and non-genuine/aftermarket parts when servicing devices. We may, at our sole discretion, also use refurbished and/or reconditioned parts or components.
5.28 Non-Genuine Parts
The installation of Non-Genuine/Aftermarket Parts may void any manufacturer’s warranty and have unexpected interactions with the Device. For LCD screen replacements, minor differences in colour temperature as compared to the original screen may be observable in some cases.
5.29 Biometric Sensors & Other Features
As a result of any Service, fingerprint readers (Touch ID), face readers (Face ID), or any other such features may not function afterwards. If your device was marketed as water-resistant or waterproof, your device will no longer be water-resistant or waterproof after any Service. We are not liable for any loss of function resulting from any Service and you accept this risk with any service.
5.30 Apple True-Tone Features
As a result of any Service, True-Tone features on some Apple iPhone models may not function afterwards. We are not liable for any loss of function resulting from any Service and you accept this risk with any service.
5.31 Device Warnings
Following repair, some Devices such as Apple iPhone models may display non-genuine parts warnings. These warnings are a result of Apple trying to remove your consumer right to choose alternative repair options. If after Service, your device displays such a warning, it will typically move to the device settings within five (5) days.
5.32 Service Changes
We may make changes to any product(s) and service(s) offered, or to the applicable prices for any such product(s) or service(s), at any time, without notice. The information provided online with respect to our products and services may be out of date, and we make no commitment to update the information provided online with respect to such products and services.
5.33 Personal Data Protection
Subject to our Privacy Policy and Data Security Policy, you understand that SEKI GADGETS will NOT intentionally view or share your personal, private, or confidential information; however, in performing the Services on your device, our technicians may inadvertently come into contact with Personal Information.
5.34 Data Loss
You acknowledge and agree that in performing the Services on the Device, any data stored on the device and/or any removable storage medium may be lost. We are not responsible for any loss of software programs, data, or any other information stored on the Device during Service. You acknowledge and agree that the Device can be restored, factory reset, or otherwise have the data wiped during Service.
5.35 Missed Faults
While we do our best to determine in advance what components are faulty, from time to time we may miss or not fully find all faults. Therefore, any faults determined with the Device after the Service has been approved will be subject to a new Estimate and will be fully chargeable to you should you accept the new Estimate.
5.36 Manufacturer Changes
Manufacturers may in the future make software changes that impact the function of any replacement parts or Device functions. We are not liable for loss of functionality or any damages resulting from such manufacturer changes. Subject to clause 5.27 of these Terms, you may receive notifications of third-party parts on the device as a result of such manufacturer changes.
5.37 Warranty
Any Service we provide that includes a warranty is subject to our Warranty Terms & Conditions. Following Service, we will install tamper-proof warranty seals. Where applicable, any tampering of these seals will void any such warranty.
6. General Provisions
6.1 COVID-19 Policy
By using our services, you agree to be bound by our COVID-19 Policy, which sets out the terms on how we handle our sales and support process during the COVID-19 pandemic.
6.2 Your Privacy
Subject to our Privacy Policy, we require your name, address, email address, phone number, and any other relevant details so that we can communicate your service progress, notify you when your service is complete, and provide you with an efficient after-sales service. If you have agreed for us to do so, we may also send you text messages and/or emails from time to time to obtain your feedback, alert you to new services and promotions, or provide you with policy updates. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate and up to date.
6.3 Support Hours
Our support hours are 8:30am to 6:30pm Monday to Friday (AEST). We are closed on weekends and National Holidays.
6.4 Language
These Terms will be interpreted and construed exclusively in English. All notices and correspondence relating to the Terms will be written exclusively in that language.
6.5 Termination
Without prejudice to our other rights under these Terms, we expressly reserve the right to terminate this Agreement in the event of a breach of this Agreement and/or where the customer or any of its representatives engages in conduct deemed inappropriate, abusive, threatening, or otherwise unacceptable towards our staff or employees, either in any form of electronic communications or in person at our premises. Subsequent to the termination of this Agreement, we may, at our sole discretion, undertake such actions as we deem appropriate, including but not limited to, withholding the provision of any of our products or services and/or initiating legal proceedings.
6.6 Liability
You agree to indemnify, defend, and hold us harmless against any and all claims, liabilities, damages, losses, and expenses, whether direct or indirect, of any nature or description, arising out of or in connection with the performance of any Services provided. This indemnification obligation shall extend to, but not be limited to, any indirect, special, or consequential loss or damage resulting from the Services rendered, including but not limited to loss of business, revenue, profits, anticipated savings, goodwill, or any other indirect or consequential loss or damage of any kind, regardless of the cause. This provision shall be applicable without limitation to any travel or transportation expenses, as well as any loss or damage to accessories. This does not exclude or limit in any way our liability where it would be unlawful for us to do so, which includes liability for death or personal injury caused by our negligence (or the negligence of our employees, agents, or subcontractors) and for fraud or fraudulent misrepresentation.
6.7 Entire Agreement
This Agreement and any other documents expressly referred to herein constitute the entire Agreement between you and SEKI GADGETS.
6.8 Force Majeure
We will not be responsible and will not pay any compensation where we are prevented or delayed from performing our obligations under this Agreement due to an event beyond our reasonable control, including but not limited to flood, earthquake, mechanical breakdown, IT failure, fire, adverse weather conditions, acts of terrorism, or gas, water, or other utility disruptions.
6.9 Assignment
You may not assign, transfer, or sub-contract any of your rights and/or obligations under these Terms, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
6.10 Severability
If a court finds any part of this Agreement illegal, invalid, or otherwise unenforceable, the rest will continue in full force and effect. Each of the paragraphs in this Agreement operates separately.
6.11 Agreement
This Agreement does not need to be signed to apply. We may, at our sole discretion, request you to sign this Agreement. Reading, agreeing to Services (even without reading the Agreement), or otherwise submitting your device for Service shall execute this Agreement into effect.
6.12 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.
6.13 Governing Law
This Agreement is governed by the Laws of the 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.