Last updated: 6 May 2024
1. Introduction
These Terms and conditions (“Terms of Use”, “Terms”) apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
2. Binding
By registering, accessing, or otherwise using this website, you hereby agree to be bound by the Terms set forth below. The mere use of this website implies your knowledge and acceptance of these Terms.
3. Electronic Communication
By using this website or communicating with us by any electronic means, you agree and acknowledge that we may communicate with you electronically through our website, by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
4. Accessing 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 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.
Our website is 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 our website at their own risk.
5. Intellectual Property
We are the owner and control all of the copyright and other intellectual property rights on this website, including data, information, and other resources displayed by or accessible within this website.
6. All Rights Are Reserved
All trademarks, service marks and trade names of SEKI GADGETS used on this website are trademarks or registered trademarks of SEKI GADGETS.
Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
All product and company names are trademarks of their respective holders. iPhone and iPad are registered trademarks and property of Apple, Inc. Android is a trademark of Google Inc. Samsung Galaxy S and Samsung Galaxy Note are registered trademarks of Samsung Group. Microsoft Xbox is a registered trademark and property of Microsoft. Sony PlayStation is a registered trademark and property of Sony. Nintendo Switch is a registered trademark and property of Nintendo. All other trademarks are the property of their respective owners.
7. Newsletter
Notwithstanding the foregoing, you may forward our newsletter in electronic form to others who may be interested in visiting our website.
8. Third-Party Property
Our website may include links and/or other references to third-party websites. We do not monitor or review the content of any third-party websites that are linked to or from this website. Products or services offered by other websites shall be subject to the applicable terms and conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure of personal information to third parties.
9. Responsible Use
By accessing our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website to publish or distribute any material which consists of (or is linked to) malicious computer software, use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that interferes with the security, performance, availability, or accessibility of our website is strictly prohibited.
You must not use our website 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.
10. Linking
You may not link to our website without our written permission. If written permission is granted, you agree that you will link to our website 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.
If written permission is granted, 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.
11. Termination of Use
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any content you have contributed or have come to rely on, are permanently lost. You must not circumvent, bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
12. Warranties and Liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the content. We make no warranty or guarantee that:
- this website or our products or services will meet your requirements;
- this website will be available on an uninterrupted, timely, secure, or error-free basis;
- the quality of any product or service purchased or obtained by you through this website will meet your expectations;
- this website will be secure or free from bugs or viruses.
Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require such advice you should consult an appropriate professional.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of our website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.
13. Privacy
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 and up to date.
For more information, please refer to our Privacy Policy and Cookie Policy.
14. Accessibility
We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of our website due to your disability, we ask you to give us notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques, we will promptly resolve it for you.
15. 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 provide to us, or by calling you if you have provided us with your phone number and given us permission to do so.
16. Severability
If a court finds any part of these Terms illegal, invalid, or otherwise unenforceable, the rest will continue in full force and effect. Each of the paragraphs of these Terms operates separately.
17. 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.
18. Breaches of These Terms
Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including but not limited to, temporarily or permanently suspending your access to our website, contacting your internet service provider to request that they block your access to our website, withholding the provision of any of our products or services and commencing legal action against you.
19. Indemnification
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
20. Language
These Terms will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
21. Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and SEKI GADGETS in relation to your use of this website.
22. Variation
We may update these Terms from time to time. It is your obligation to periodically check these Terms for changes or updates. The date provided at the beginning of these Terms is the latest revision date. Changes to these Terms will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms.
23. Applicable Law & Jurisdiction
These Terms 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.
24. Contact Information
This website is owned and operated by SEKI GADGETS.
You may contact us regarding these Terms through our Contact page.