Computer Geek
TERMS AND CONDITIONS
WELCOME TO COMPUTERGEEK.CO.NZ PLEASE READ THIS AGREEMENT CAREFULLY AS IT
GOVERNS YOUR USE OF THE COMPUTERGEEK.CO.NZ WEBSITE. IT EXEMPTS
COMPUTERGEEK.CO.NZ AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR
LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
All prices
including New Zealand Goods and Services Tax (GST) of 15%
Due to fluctuation of New Zealand dollar, ComputerGeek.co.nz can change
prices without notice at any time. ComputerGeek.co.nz cannot guarantee that
certain products will always be available when you place your order, but if
your order cannot be filled immediately you can withdraw your order.
ComputerGeek.co.nz reserves the right to limit the number of sale items
purchased per customer.
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for
purposes of this Agreement, "person" includes natural persons and any type
of incorporated or unincorporated entity) and ComputerGeek.co.nz regarding
your access to and use of ComputerGeek.co.nz website and all content,
information, products and services available on or through the website
(collectively, the "Website"). This Agreement also provides benefits to
ComputerGeek.co.nz affiliates, service providers, suppliers and other
persons.
Each time you use the Website you signify your acceptance and agreement, and
the acceptance and agreement of any person you purport to represent, to be
bound by this Agreement as it then reads, and you represent and warrant that
you have the legal authority to agree to and accept this Agreement on behalf
of yourself and any person you purport to represent. If you do not agree
with each provision of this Agreement, or you are not authorized to agree to
and accept this Agreement on behalf of the person you purport to represent,
you may not access or use the Website. The Website is for convenience and
informational purposes only and is not intended to convey advice or
recommendations, or an offer to sell any product or service.
This Agreement is in addition to any other agreement you may have with
ComputerGeek.co.nz, including a transaction agreement.
2. CHANGES TO THIS AGREEMENT
ComputerGeek.co.nz may, in its sole discretion, change this Agreement from
time to time as it relates to future use of the Website, by posting a
revised Agreement on the Website. By using the Website after this revised
Agreement has been posted, you signify your acceptance and agreement to be
bound by the revised Agreement. You may not change this Agreement in any
manner.
3.
COMPUTERGEEK.CO.NZ SUPPORT SHALL NOT COVER
Hardware and/or software not included in the original System default
configuration delivered to the user (including, but not limited to, any
additional hardware/software purchased or installed by the user subsequent
to the purchase of the System). Any such hardware and/or software shall NOT
be installed or supported by ComputerGeek.co.nz pursuant to this scope of
service.
Systems or System components no longer under warranty.
Support for Systems where the user has used the System in an abusive or
negligent manner.
Terms and Conditions for warranty
service
If ComputerGeek.co.nz determines that a problem is hardware-based,
ComputerGeek.co.nz may retain such hardware for service.
Out-of-warranty hardware repair costs are the sole responsibility of the
user.
End-user purchaser has full control and knowledge of information, data and
software stored on the System and will be responsible for such information,
data and software and their use, including, but not limited to, installed
3rd-party software, all of the user's personal setting preferences, contents
and backup files.
Any recovery task (whether or not attempted by ComputerGeek.co.nz) to
restore the System to its original default settings may destroy some or all
data, settings and software on the System and that this scope of service has
given me sufficient notice of such risk.
End-user/ purchaser will backup (i.e. make backup copies of) all important
data and/or applications on the System before undertaking or allowing a
potentially destructive act (including, but not limited to, any recovery
tasks performed by ComputerGeek.co.nz). If ComputerGeek.co.nz determines
that the backup of the System data or information was not performed,
ComputerGeek.co.nz reserves the right to refuse to provide the services as
stated in this scope of service.
End-user purchaser also bears full responsibility (1) to protect his/her
System against viruses, Trojans, worms and other harmful software programs
(and that regular updating of anti-virus software is essential), and (2) for
any unauthorized and/or unsupervised use of his/her System. Physical damage
by customer will not be cover by warranty.
Additional hardware and software not included in the original system
default configuration do not fall under this scope of service. Hardware or
software that is not supported as part of the original System default
configuration will not be installed or supported by ComputerGeek.co.nz. If
ComputerGeek.co.nz determines that unsupported software or hardware may be
the cause of a recurring problem, ComputerGeek.co.nz reserves the right to
require the System be returned to the original default configuration (i.e.
as at the time of original delivery of the System) before providing further
service.
All our products are Return to base warranty.
4.
LIMITATION OF LIABILITY
Insofar as we may be liable notwithstanding
clause 12 our liability for any claim, damages, loss or expense related to
the supply by us of Services is, subject to clause 11, limited to the cost
paid by you for the Services and except where statute expressly requires
otherwise. To the fullest extent permitted by law we will not be liable in
any event whether in tort (including negligence), contract or otherwise for
any loss of profits or any consequential, indirect or special damage, loss
or injury of any kind suffered by you or any other person.
5.
DELIVERY, CANCELLATION, GOODS RETURN FOR CREDIT, AND RESTOCKING FEE
ComputerGeek.co.nz will make every effort to ensure delivery of goods or
performance of services is on time but will not be liable to you for any
loss or damage arising in any way from any delay in delivery or performance.
All claims for shortage or damage during delivery must be made to the
carrier within seven days of the date of delivery.
Delivery shall be made at the place indicated in the contract or if no
place is indicated delivery shall be made at the ComputerGeek.co.nz premises
where the goods are to be forwarded to the Customer directly there from.
ComputerGeek.co.nz will take all reasonable steps to make delivery at the
time requested by the Customer but shall not be responsible for any loss
whatsoever sustained by the Customer for delay in delivery.
In the event that the Customer cancels any order subsequent to dispatch by
ComputerGeek.co.nz to the Customer (regardless of whether or not said order
has been delivered to the Customer), ComputerGeek.co.nz will credit the
Customer for the order value less the restock fee on return in saleable
condition of the items ordered provided such return is within 7 days of
dispatch. Freight charges will not be credited.
Unless agreed in writing by the issuance of a Goods Return Authority
from ComputerGeek.co.nz no goods will be accepted for credit after dispatch.
lf ComputerGeek.co.nz agrees to accept the goods for credit, then
ComputerGeek.co.nz will credit the Customer the invoice value less the
restock fee, less freight charges, on return in saleable condition of the
items ordered. No goods will be accepted for credit if the goods are found
to be tampered with or damaged or disk seals are broken. Freight charges
will not be credited
Restock fee: All goods ordered in error by the Customer or goods the
Customer wishes to return are subject to a restock fee. The fee is $20 or
15% of the goods sales value, whichever is greater.
Please note that according to the Ministry of Consumer Affairs, we do not
have to give you a refund if you change your mind or just did not like the
goods or they did not suit you, so please choose carefully. If the goods are
faulty we will meet our obligations under the Consumers Guarantees Act to
provide a remedy.
6.
OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The Website (including all content, page headers, custom graphics, button
icons, and scripts and the presentation, arrangement, coordination,
enhancement and selection of such and other information in text, graphical,
video and audio forms, images, icons, software, designs, applications, data,
and other elements available on or through the Website) is the property of
ComputerGeek.co.nz and others, and is protected by New Zealand and
international copyright, trademark and other laws. Your use of the Website
does not transfer to you any ownership or other rights in the Website or its
content. The Website is made available to you for your lawful, personal use
only. You may use the Website only in the manner described expressly in this
Agreement and subject to all applicable laws. Using the Website for any
other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages
and you do not remove or alter any visible or non-visible identification,
marks, notices, or disclaimers. The Website and its content may not be
copied, imitated, reproduced, republished, uploaded, posted, transmitted,
modified, indexed, catalogued, mirrored or distributed in any way, in whole
or in part, without the express prior written consent of ComputerGeek.co.nz.
You may not sell or resell any part of the Website or access to the Website.
You may not use any of the software that is used in the operation or
provision of the Website except while you are using the Website in
accordance with this Agreement.
7. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES
ComputerGeek.co.nz endeavours to provide current and accurate information on
the Website. However, misprints, errors, inaccuracies, omissions (including
incorrect specifications for products) or other errors may sometimes occur.
ComputerGeek.co.nz cannot guarantee that products and services advertised on
the Website will be available when ordered or thereafter. ComputerGeek.co.nz
does not warrant that the content of the Website including, without
limitation, product descriptions or photographs, is accurate or complete.
ComputerGeek.co.nz reserves the right to: (a) correct any error, inaccuracy
or omission at any time without prior notice or liability to you or any
other person; (b) change at any time the products and services advertised or
made available for sale on the Website, the prices, fees, charges and
specifications of such products and services, any promotional offers and any
other Website content without any notice or liability to you or any other
person; (c) reject, correct, cancel or terminate any order, including
accepted orders for any reason and (d) limit quantities available for sale
or sold.
The advertisements on the Website are invitations to you to make offers to
purchase products and services on the Website and are not offers to sell.
All prices and other amounts appearing on the Website are quoted
in New Zealand dollars.
8. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Website without the express written permission of
ComputerGeek.co.nz are strictly prohibited. To request permission to link to
the Website, please send an email to
linkenquiry@computergeek.co.nz ComputerGeek.co.nz may in its discretion
cancel and revoke any permission it may give to link to the Website at any
time and without any notice or liability. The framing, mirroring, scraping
or data-mining of the Website or any of its content in any form and by any
means is strictly prohibited. You may not use any collaborative browsing or
display technologies in connection with your use of the Website or to post
comments, communications, or any other data of any kind to or on the Website
with the intention that such postings may be viewed by other users of the
Website.
9. LOGIN NAMES AND PASSWORDS
Certain areas and features of the Website are accessible only to users who
have been issued a login name and password (collectively "Codes") by
ComputerGeek.co.nz. For the purposes of accessing the Website, the Codes
remain the property of ComputerGeek.co.nz and may be cancelled or suspended
at any time by ComputerGeek.co.nz in its discretion without any notice or
liability to you or any other person.
ComputerGeek.co.nz is not under any obligation to verify the actual identity
or authority of any person using Codes to access and use the Website.
ComputerGeek.co.nz may act upon any communication that is given with the use
of Codes. ComputerGeek.co.nz may in its discretion at any time require proof
of the identity of any person seeking to access and use the Website, and may
deny access to and use of the Website or parts of it or refuse to accept or
act upon any communication if ComputerGeek.co.nz is not satisfied with such
proof.
If you have been issued Codes: (a) you are fully responsible and liable for
the security of the Codes and any and all use and misuse of the Codes; (b)
you will keep the Codes secure and confidential at all times and not
disclose the Codes to any other person or permit any other person to use the
Codes; (c) you will ensure that all uses of the Codes comply with this
Agreement; (d) once you have logged-on to the Website using the Codes, you
will not leave the computer terminal used to access the Website unless and
until you have terminated the session and logged-off the Website; and (e)
you will immediately notify ComputerGeek.co.nz by telephone 03 980 3846 or
email to
customerservices@computergeek.co.nz if you know or suspect that any
Codes have been lost or stolen or become known to or used by any other
person.
10. SOFTWARE AGREEMENTS
ComputerGeek.co.nz may cause software to be available for you to download
from the Website or through other Websites and Internet resources. The
software is protected by copyright, and youre downloading and use of the
software is governed by the applicable transaction agreement and the
Software License Agreement specific to the software. By downloading
software, you signify your agreement and acceptance of the applicable
transaction agreement and Software License Agreement.
11. CONTESTS
From time to time ComputerGeek.co.nz may make contests available to users of
the Website and others. All contests are governed by this Agreement and the
applicable Contest Rules. By participating in a contest through the Website,
you signify your agreement and acceptance of this Agreement and the
applicable Contest Rules.
12. UNSOLICITED SUBMISSIONS
In order to avoid potential misunderstandings or disputes,
ComputerGeek.co.nz does not accept or consider unsolicited ideas or
suggestions ("Submissions"). If you send Submissions to ComputerGeek.co.nz
or the Website, you automatically grant (or warrant that the owner of the
Submissions grants) to ComputerGeek.co.nz and its successors, assigns and
licensees a perpetual, royalty-free, irrevocable, unrestricted,
non-exclusive, world-wide, assignable, sub-licensable, right and license to
use and exploit the Submissions or any ideas, concepts, know-how or
techniques associated with the Submissions for any purpose whatsoever,
commercial or otherwise, using any form, media or technology now known or
later developed, without providing any attribution or compensation to you or
any other person, without any liability whatsoever, and free from any
obligation of confidence or other duties on the part of ComputerGeek.co.nz
or its successors, assignees and licensees, and you agree, represent and
warrant that all moral rights in the Submissions are waived in favour of
ComputerGeek.co.nz and its successors, assignees and licensees.
13. YOUR INFORMATION
All information you provide through the Website, including registration
information (name and email address), payment information (credit card
numbers and expiration dates), and transaction-related information, must be
true, accurate, current and complete. ComputerGeek.co.nz will rely on the
information you provide. You will be solely responsible and liable for any
and all loss, damage, and additional costs that you, ComputerGeek.co.nz or
any other person may incur as a result of your submission of any false,
incorrect or incomplete information or your failure to update your
registration information and payment information within 30 days of any
change.
14.
PERSONAL INFORMATION PRIVACY
ComputerGeek.co.nz collects, uses and discloses personal information in
accordance with its Privacy Policy, which may be changed from time to time
by ComputerGeek.co.nz in its discretion without any notice or liability to
you or any other person by making an amended Privacy Policy accessible
through the Website. By accepting this Agreement, and each time you use the
Website, you consent to the collection, use and disclosure of your personal
information by ComputerGeek.co.nz in accordance with the Privacy Policy as
it then reads.
15. OTHER SITES/RESOURCES
For your convenience, the Website may include links or references to other
Internet sites or resources and businesses operated by other persons
(collectively "Other Sites"). Other Sites are independent from
ComputerGeek.co.nz, and ComputerGeek.co.nz has no responsibility or
liability for or control over Other Sites, their business, goods, services,
or content. ComputerGeek.co.nz does not sponsor or endorse Other Sites or
their business, goods, services, or content, unless expressly indicated in
writing. Your use of Other Sites and your dealings with the owners or
operators of Other Sites is at your own risk, and you will not make any
claim against ComputerGeek.co.nz arising from, connected with, or relating
to your use of Other Sites or your dealings with the owners or operators of
Other Sites. As between you and ComputerGeek.co.nz, this Agreement, with all
necessary modifications, applies to your access and use of any Other Sites
and their business, goods, services and content.
16. TERMINATION
Notwithstanding any other provision of this Agreement, ComputerGeek.co.nz
may in its discretion change, discontinue, modify, restrict, suspend or
terminate the Website or any part of it without any notice or liability to
you or any other person. ComputerGeek.co.nz may in its discretion and for
its convenience at any time immediately terminate, temporarily or
permanently, this Agreement or your permission to access and use the Website
without any notice or liability to you or any other person.
If this Agreement or your permission to access or use all or any part of the
Website is terminated for any reason, then this Agreement and all other
then-existing agreements between you and ComputerGeek.co.nz will continue to
apply and be binding upon you regarding your prior access to and use of the
Website, and anything connected with, relating to or arising there from.
17. GOVERNMENT LAW AND DISPUTE RESOLUTION
Consumers Guarantees Act: Your warranty is in addition to
your rights under the Consumer Guarantees Act 1993. However, where you are
purchasing for the purposes of a business, you agree that the terms of the
Consumer Guarantees Act 1993 shall not apply. All warranties and conditions
implied under any other statutes (including the Sale of Goods Act (1908) are
expressly excluded from your warranty.
This Agreement, your access to and use of the Website, and
all related matters are governed solely by the laws of New Zealand. Any
dispute between you and ComputerGeek.co.nz or any other person arising from,
connected with or relating to the Website, this Agreement, or any related
matters (collectively "Disputes") will be resolved before the Courts of law in Christchurch,
and you hereby irrevocably submit and attorn to the original and exclusive
jurisdiction of those courts in respect of all Disputes.
18. OTHER MATTERS
If any provision of this Agreement is held to be invalid or unenforceable
for any reason, then the provision will be deemed to be severed from this
Agreement and the remaining provisions will continue in full force and
effect. This Agreement ensures to the benefit of and is binding upon each of
ComputerGeek.co.nz and its successors, assigns and related persons, and you
and your heirs, executors, administrators, successors, permitted assigns and
personal representatives. You may not assignees this Agreement or the rights
and obligations under this Agreement. ComputerGeek.co.nz may assign this
Agreement and its rights and obligations under this Agreement without your
consent. No consent or waiver by any party to or of any breach or default by
any other party in its performance of its obligations under this Agreement
will be: (a) deemed or construed to be a consent to or waiver of a
continuing breach or default or any other breach or default of those or any
other obligations of that party; or (b) effective unless in writing and
signed by all parties.
The parties have expressly requested and required that this Agreement and
all other related documents be drawn up in the English language.
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