GEEKS ON WHEELS ONLINE PURCHASING TERMS AND CONDITIONS
This document sets out the terms and conditions upon which Coriglade Limited, trading as Geeks on Wheels, will provide you Products and Services online through the Website www.geeksonwheels.co.nz.
By purchasing Products or Services online, you agree to be bound by these Terms and Conditions.
1.1 In these Terms and Conditions:
“Products” means any hardware, software or other products provided by us and for clarification it is important to note clause 3.0 of these Terms and Conditions relating to the purchase of software;
“Services” means any computer assistance, maintenance and/or support provided on-site, over the phone or through remote access support;
“Terms and Conditions” means these terms and conditions;
“Website” means the Internet site owned by Geeks on Wheels;
“we”, “us” or “our” means the company detailed above trading as Geeks on Wheels;
“you” or “your” means the customer, its agent and employees or any person acting on behalf of and with the authority of the customer that requested Products or Services.
- PRODUCT OWNERSHIP
2.1 Where agreed with you, we will provide Products and Services subject to these Terms and Conditions.
2.2 Upon purchase of Products and Services online you agree to any other applicable terms and conditions associated with those Products or Services.
2.2 Payment for Products and Services is required upfront through our secure payment gateway operated by Paystation.
2.3 Ownership of Products remains with us until payment is made in full from cleared funds for the Products.
- SOFTWARE – IMPORTANT NOTICE
3.1 You acknowledge and agree that if you have ordered Products comprising software by electronic delivery and the software licence is activated on your computer, then it is not reasonably practicable to remove the software installation or de-activate the software. In that event and for that reason once you have purchased the software, you agree that you shall be committed to that purchase of the software and subject to these Terms and Conditions and the software cannot be returned unless we agree otherwise pursuant to a specific individual agreement made with you by us at our discretion, within seven days of your purchase.
- CONFIDENTIALITY AND PRIVACY
4.1 We will maintain as secret and confidential all information we obtain from you in providing the Products or Services. This obligation will not apply to information that is in the public domain or that is known to us or obtained by us without breaching any obligation to you or that we are required to disclose by law.
4.2 You authorise us to collect, retain, use and provide to our staff and agents any personal information about you for the purposes of credit approval, payment processing, software licence registration, marketing, meeting our obligations to you, and enforcing our rights against you.
4.3 The Website may use ‘cookies’. Cookies are an element of data that the Website can send to your browser, which may then store on your system. To use the Website you do not necessarily need to enable your browser to accept cookies, although some information/services may not be available if you disable your browser not to accept cookies. The Website may from time to time use the collected cookies for the purposes of marketing and advertising. No personally identifiable data is collected by these cookies.
4.4 The Website does not receive or store your Credit Card details. When you buy Products or Services through the Website by credit card you will be directed to the Paystation payment gateway. Paystation understands its responsibility to keep confidential at all times any information which it acquires in connection with such a transaction. Paystation protects personal information (at a minimum) to the Payment Card Industry Data Security Standards. For more information about Paystation, please visit their website: http://www.paystation.co.nz.
4.5 You have the right under the Privacy Act 1993 to access and request to update and/or correct your personal information held by us. If you do so, you agree to pay us the reasonable charges requested by us in relation to time and attendances involved in complying with your request in this regard. Access to your personal information held by us is available to you by contacting us on 0800 424 335, or by email at email@example.com.
5.1 We warrant that we will always use reasonable skill and care in undertaking the Services.
5.2 All statements, technical information and recommendations made by a manufacturer and / or by us about the Products or Services are believed to be reliable, but do not constitute a guarantee or warranty express or implied by us to you.
5.3 You warrant that you are authorised to access the use of the computer or devices, software, information or other material made available by you and it will not breach any third party rights.
5.4 Products are subject to the manufacturers’ warranties only and in the case of software any such warranties are included in the Product licence agreement. Where reasonably possible we will assist with any such warranty claims without being directly liable to you under any warranty.
- LIMITATION OF LIABILITY
6.1 It is your responsibility to have a reliable back up of your data.
6.2 In no event will we be liable to you for:
(a) loss of profits or savings, loss of goodwill or opportunity, loss or corruption of data, or wasted staff time; or
(b) loss, damage, cost or expense of any kind whatsoever which is indirect, consequential, or of a special nature, arising directly or indirectly from any Services supplied by us to you, even if we had been advised of the possibility of such loss, damage, cost or expense.
6.3 We are not responsible for any losses you may suffer arising from your use of (or failure to use) any security software.
New Zealand law governs the formation, validity, construction and performance of these Terms and Conditions. For further information regarding Geeks on Wheels, please refer to our website at: www.geeksonwheels.co.nz.