Terms of Service

Last Updated 14 January 2022

This website is owned and operated by SEKI GADGETS. Throughout the site, the terms “we”, “us” and “our” refer to SEKI GADGETS. The term “you” refers to the user or viewer of this website. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions, notices, and policies referenced herein and/or available by hyperlink and any changes made by SEKI GADGETS. These Terms of Service apply to all users of the site, including without limitation to users who are browsers, vendors, customers, merchants, and/ or content contributors.

1. General Terms

1.1 In these Terms, when we refer to “Website” or “Site”, we are referring to our website at https://sekigadgets.com.au and any alternative website we may provide from time to time to allow you to access our Services.

1.2 In these Terms, when we refer to “Customer”, “you”, “your”, “user”, we are referring to you, the user of our Website.

1.3 In these Terms, when we refer to “Services”, we are referring to any of the products and/ or services provided by us on our Website.

1.4 The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

1.5 If we need to contact you, we will do so by writing to you at the email address you provided to us, or by calling you if you have provided us with your phone number and given us permission to do so.

1.6 On our Website, we provide you with the ability to purchase our Products and Services. We also provide a booking mechanism which allows you to Book an Appointment (an “Appointment”) and a payment service which allows us to collect payment from you.

1.7 We may amend these Terms from time to time. Any amendments or additions to these Terms will be posted to the Website. By continuing to use the Website or Services you will be deemed to have accepted any or amended or additional Terms.

1.8 By using our Website and/or our Services you agree to be bound by our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website and/or our Services, you consent to such processing and you warrant that all data provided by you is accurate.

1.9 We may use cookies on this Website to monitor Website performance, track purchase information for services on the Website, or to fulfil requested services. You can find out more about cookies, including information on how to block them, at allaboutcookies.org.uk. Where we do use cookies we do not link the cookies to any personally identifiable data.

2. Accessing our Website

2.1 Please note the following regarding our Website:

* Our Website is made available free of charge.

* We do not guarantee that our Website, or any content on it, will always be available or uninterrupted.

* Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

* You are responsible for making all arrangements necessary for you to have access to our Website.

* You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

2.2 All trademarks, service marks and trade names of SEKI GADGETS used in our site are trademarks or registered trademarks of SEKI GADGETS.

2.3 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. All such rights are reserved. You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies you have made.

2.4 All product and company names which are not our property or licensed to us are trademarks of their respective holders. iPhone, iPad, iPod, iPod touch, Mac, iMac, Apple Watch are registered trademarks and property of Apple, Inc. Android is a trademark of Google Inc. Samsung Galaxy S and Samsung Galaxy Note are trademarks of Samsung Group. SEKI GADGETS is a third-party company and is no way endorsed, sponsored or affiliated with any of the above mentioned entities or subsidiaries thereof.

2.5 Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to our Warranty Terms and Conditions and Return Policy.

2.6 Certain content, products and services available via our Service may include materials from third-parties.

2.7 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our Website, to the extent permitted by law we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date, error-free, free of viruses or other harmful components, or that defects will be corrected.

2.8 We do not guarantee that our Website will be secure or free from bugs or viruses. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

2.9 You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

2.10 You must not establish a link to our Website in any website that is not owned by you. Our Website must not be embedded on any other Website. We reserve the right to withdraw linking permission without notice.

2.11 Where our Website contains links to other Websites and resources or advertising provided by third parties, these links are provided for your information only. We have no control over the contents of those Websites or resources or advertising.

2.12 Please note that we only provide our Website and Services for domestic and private use, and you agree not to use our Website or our Services for any commercial or business purposes.

2.13 Our Website and Services are provided for users in Australia only. Whilst access may be possible from outside Australia, neither our Website nor Services are intended for such use and such users access the Website and Services at their own risk.

3. Account Registration

3.1 Registration is required in order to receive Services or otherwise transact with us. To register an account with us (your “Account”) we require that you provide us with your full name, phone number, and email address. We may also require additional information from time to time.

3.2 Please note:

* Registration can be done via our website, over email or by phone.

* You must be aged 18 years or older to create an Account.

* You must supply a valid email address when registering so that we can email you with information relating to your use of our Services.

* We will not be held responsible if you fail to provide a valid email address and you do not receive information that you might be expecting from us.

* If you become aware that you have supplied an invalid email address, please contact us immediately to correct the information we hold about you.

* When creating an Account with us, you will be asked to choose a password.

* You must keep your password confidential and you must notify us in writing immediately if you become aware of any disclosure of your password.

* You are responsible for any activity on our site arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

* You must not use any other person’s Account to access any Services on our site.

3.3 We reserve the right to suspend or close your Account at any time if you are in breach of any of these Terms. If we suspend or close your Account, you will no longer be able to use our Services and may not be able to access some areas of our Website.

4. Your Obligations

4.1 You must at all times:

* Observe and act in accordance with these Terms when using our Website and/ or Services.

* Not use the Website or our Services in any way which may affect our reputation of or the use and enjoyment of the Website or our Services by any other users or third parties.

* Provide us with accurate information and ensure that all details that we hold about you (including your email address) are up to date and valid.

4.2 In connection with Appointments, you must also:

* Adhere to our Covid-19 policies and procedures.

* During an Appointment, not act in any way which is offensive, rude, illegal or which might cause distress to our staff.

* Not deal with us in any way which could be deemed to be harmful to our business or reputation or do anything which might adversely affect our business image.

* Where applicable, only provide us with credit or debit card details for which you are the sole account holder.

* Be ready for your Appointment so it can start as scheduled.

5. Appointments – things to note

5.1 We provide our Services on these Terms, and they form the contract between you and us. Our “Services” comprise our provision of:

* Repair service/s we provide.

* Booking functionality which allows you to book Appointments with us.

* An online payment mechanism which enables us to take payment from you.

* Other services detailed in these Terms or as available on our Website, for example assistance in relation to complaints and account enquiries.

5.2 Should you choose to book an Appointment, the contract relating to the provision of services at the Appointment will be between you and us. This contract will incorporate the relevant provisions of these Terms (such as those relating to payment, cancellation and your obligations). By making an Appointment, you agree to be bound by the contract and to adhere to it.

5.3 All Services shown on our Website are subject to availability. The images and/or description of the Service is for illustrative purposes only and actual Service may differ from those images and/or descriptions. Whilst we endeavor to ensure that information displayed on our Website is accurate, we cannot verify the information and make no representations regarding it.

5.4 Under Australian Consumer Law, you have legal rights in relation to Products or Services that are faulty or not as described. Nothing in these Terms will affect these legal rights.

6. Service Appointments – Booking and Payment

6.1 Our checkout pages will guide you through the steps you need to take to book an Appointment. Please take the time to read and check your booking details at each page of the booking process. To summarise, the process for booking and paying for Appointments is as follows:

* You must first register an Account with us.

* Using this Account, you may place an order for an Appointment via our Website, email or by phone.

* For bookings requiring security deposit or immediate payment, we shall collect payment information from you at the time of your booking either via our Website or over the phone. Please see below for further information regarding payment.

* Once we have received your payment we will send you a confirmation by email (“Booking Confirmation”) which will include detailed instructions relating to your booking. This will also confirm the fee to be charged to you in connection with your Service Appointment (the “Appointment Fee”). Once this email is sent your booking will be confirmed and you will have entered into a binding agreement to pay for the Appointment. Please check this Confirmation Email carefully and notify us promptly if it contains any errors.

* For bookings not requiring immediate payment, payment of the your Service Appointment will be taken after the Appointment has been completed, or immediately if we are become entitled to take payment as specified elsewhere in these Terms e.g. if you cancel your booking within 12 hours of your Appointment time.

* Any security deposit taken will be deducted from the total of your Service Appointment Fee.

6.2 If we are unable to accept your order, we will inform you of this and you will not be charged for the Appointment. This might be because the Appointment is no longer available or requires alteration or because we have identified an error in the price and/ or description of the Appointment.

6.3 Please note the following regarding price and payment:

* All prices stated on our Website are in Australian Dollars (AUD).

* We take all reasonable care to ensure that the advertised price of any Products or Services on our Website is correct but sometimes errors may occur and these may be changed from time to time. Please double check the details stated in the Email and advise us as soon as possible if you believe it does not correspond with the fee stated on our Website prior to you placing your order.

* We accept payment with Visa, Mastercard, American Express via third party payment service providers such as PayPal, Square and Commonwealth Bank. We do not store credit or debit card details. In cases where we need to process manual payment for Customers over the phone, your credit card details are entered directly into our virtual terminal and then discarded.

* We use third party payment service providers such as Square and Commonwealth Bank to process payments and because there are many factors beyond our control (such as delays in the banking system or in card networks), we cannot predict or guarantee the amount of time needed to complete the processing of your payment.

* You confirm that you will promptly provide alternative means of payment in the event that your payment cannot be processed.

6.4 Online Payment Processing Fees

A 1.76% service handling fee will be added to the total invoice value for all payments made by Square.

7. Appointments – Cancellations

7.1 Whilst we endeavor to ensure that Appointment times are adhered to, we reserve the right to cancel Appointments at any time. In the event of such cancellation we will notify you of the cancellation via email.

7.2 If you cancel an Appointment, the following applies:

* If you cancel an Appointment and provided the Appointment is not due to commence within the next 12 hours, no Cancellation Fee will be payable by you; OR

* If you cancel an Appointment within 12 hours of the Appointment being due to commence, you will be charged the Cancellation Fee of $49.

8. Appointments – Changes

8.1 Whilst we endeavor to ensure that Appointment times are adhered to, we reserve the right to modify Appointments at any time. In the event of such modification we will notify you of the modification via email.

8.2 If you want to change an Appointment, the following applies:

* If you change an Appointment and provided the Appointment is not due to commence within the next 12 hours, no Rescheduling Fee will be payable by you; OR

* If you change an Appointment within 12 hours of the Appointment being due to commence, you will be charged the Rescheduling Fee of $29.

9. Appointments – Late Arrivals

9.1 Our appointment bookings are scheduled based on the amount of time needed to perform your specific service. In some cases, your lateness may prevent us from completing the service without haste. In the event that you do not show up to your appointment time, the following applies:

* We will wait for a maximum of 15 minutes past the agreed appointment time.

* If you do not arrive for the appointment within 15 minutes past the agreed appointment time, your booking will be cancelled and you will be charged the booking cancellation fee (“Cancellation Fee”) of $49.

10. Appointments – No Show / Missed / Device Not Presented

10.1 In the event that you miss your appointment and we did not hear from you at least 12 hours prior to your agreed appointment time, your booking will be cancelled and you will be charged the booking cancellation fee (“Cancellation Fee”) of $49;

10.2 In the event that you are unable to present the specific make and model of device you booked for at the time of booking you will be charged the futile booking fee (“Futile Booking Fee”) of $49. We encourage you to make every effort to ensure that you are booking the correct make and model of device for your repair.

11. Complaints

11.1 We care about your experience with us and we want to ensure we maintain the highest level of Customer Service standards possible. If you would like to make a complaint about your experience with us, please either:

contact us directly to try and resolve the issue;
leave an honest review on one of our digital platforms to reflect your experience.

11.2 Following receipt of a complaint we will contact you to try and resolve the issue. If we are unable to resolve the issue and we consider it to be fair in all the circumstances, we may at our discretion elect to:

provide you with a coupon code (“Coupon Code”) for future purchases to be redeemed on our Website to reduce the purchase price of a Product or Service; or
provide you with a store credit (“Store Credit”) for the disputed/complained about amount to be redeemed on our Website to reduce the purchase price of a Product or Service; or
provide you with a full refund for the disputed/complained about amount of your Order directly to you via the original method of payment. Please note that in such cases it might take up to 30 days to receive a full refund.

11.3 Complaints relating to these Terms and Conditions

Customers should first contact SEKI GADGETS to attempt to resolve the dispute amicably.
If the response is not satisfactory, or in the absence of a reply within sixty (60) days, or in any event after twelve (12) months, customers may contact the SEKI GADGETS. Customers are obliged to have recourse to mediation, or to any alternative method of dispute resolution that SEKI GADGETS may request, prior to the customer filing proceedings.

12. Termination and Suspension

12.1 If we suspend your Account or access to the Website for any reason we may refuse to provide you with any Services including the right to make any further bookings. If you attempt to circumvent this clause by attempting to create a new account we reserve the right to terminate this Agreement and any existing Account you may have.

12.2 We may terminate the contract and your Account at any time if:

* You are in breach of any of these Terms.

* You do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due.

* You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services.

* Where the Customer acts in a way that is inappropriate, abusive or otherwise unacceptable towards our staff or employees either in communications via phone or email, or in person at the our premise.

12.3 If we end the contract in any of the situations set out above we may charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.

13. General Provisions

13.1 Notices

All communications and notices from you must be sent via our contact form. If we need to contact you, we will do so by writing to you at the email address you provided to us, or by calling you if you have provided us with your phone number and given us permission to do so.

13.2 Severability

If a court finds any part of these Terms of Service illegal, invalid, or otherwise unenforceable, the rest will continue in full force and effect. Each of the paragraphs of these terms operates separately.

13.3 Liability

We shall not be liable to any client for any loss, damage or injury suffered by our client or to their property. However, this does not exclude or limit in any way our liability where it would be unlawful to do so, and 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.

13.4 Force Majeure

SEKI GADGETS will not be responsible and will not pay any compensation where we are preventing or delayed from performing our obligations 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, gas, water or other utilities.

13.5 Applicable Law & Jurisdiction

These Terms of Service are 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 these Terms of Service.

13.6 Contact & Support

* Our office hours are:
9:00am – 9:00pm Monday to Friday
10:00am – 6:00pm on Saturdays and Sundays

* We are closed on Christmas Day, New Years Day, Good Friday, Easter Monday and Canberra Day.

* You can contact us by completing the form on the Contact page of our website, by telephoning +61 431 921 321 or by emailing contact@sekigadgets.com.au