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Terms and Conditions

1.    General
a.    The Site is a shopping website where you can browse and purchase products from GeekByte (ABN 97 425 698 973).
b.    All access and use of the site is governed by these terms and conditions.

2.    Compliance
a.    You agree to comply with and be bound by the terms and conditions.
b.    You agree to comply with all relevant laws in relation to the use of the site and for any orders placed.

3.    Account
a.    You are responsible for maintaining the security of your account and password. GeekByte cannot and will not recover any lost accounts or passwords due to privacy and security concerns.
b.    You must be 18 years or older to purchase any product from the site.
c.    GeekByte reserves the right to refuse service, terminate or edit/remove content if GeekByte deems the customer is in breach of these terms and conditions or using the site in a fraudulent, malicious or improper manner.
d.    GeekByte reserves the right to cancel orders where deemed appropriate.

4.    Ordering Products
a.    Any order placed through this site is an offer by you to purchase the product(s). All applicable fees for the product (example: product price, delivery, taxes) are deemed to be accepted and agreed upon once the order is confirmed.
b.    We may ask you to provide additional details to enable us to process your order
c.    You agree to provide us with complete, accurate and current details for your account and for any information which we request.
       i.    Any false, misleading or inaccurate information may lead to termination or suspension of account. Product delivery may also be delayed due to this circumstance.

5.    Acceptance or Rejection of Order
a.    Under certain circumstances we may need to reject your order. This may be due to out of stock, cancelled products, incorrect details or other scenarios.
b.    GeekByte will accept or reject and order via e-mail notification. It is your responsibility to ensure your junk mail filter is correctly set up.
       i.    You acknowledge that e-mail is an unreliable communication medium and unforeseen, uncontrollable circumstances may prevent delivery of e-mail under specific circumstances.
c.    To protect our customers – we may cancel items that appear to be duplicate orders.

6.    Cancelling Orders
a.    We may cancel any part of an order (including orders that we have accepted) without any liability to you or ourselves for the cancellation if:
       i.    The product is not currently available
       ii.    There is an error in the product or shipping price
       iii.    There is an error with the information provided for the product
       iv.    Your order breaches out terms and conditions
b.    If any orders are cancelled due to stated terms, we will provide you with a full refund for the product, delivery and taxes.
c.    These refunds will be provided to you through your original payment method or alternative means.
d.    We will provide you with reasonable notice of cancellation by e-mail or phone call.
e.    For any cancellations in regards to the breach of the terms and conditions set out we may charge a cancellation fee to cover costs.
f.    You may cancel an order prior to dispatch of your item (1 business day) by contacting Geekbyte customer service.

7.    Fees and Charges
a.    We will charge you for the Delivery, Product and applicable taxes for your order. We will notify you by e-mail when your order has been accepted and dispatched.
b.    All product and delivery fees are GST inclusive where applicable.
c.    Product prices may change at any time without notice. For any variation in price between the acceptance of your order and postage of your order – we will contact you and may cancel your order if appropriate with a full refund. We will not charge any additional fees for price variations.
d.    If you cancel any order prior to product dispatch we will refund you the full fee.

8.    Payment Methods
a.    You may pay for your item with any of the following methods:
       i.    Paypal
       ii.    Direct bank transfer
       iii.    GeekPoints
b.    If we are unable to process your nominated payment, we may cancel your order.
c.    GeekByte is not responsible for any external payment processing fees.
d.    GeekPoints may be used to order an item and at GeekBytes discretion may include delivery fees and taxes. GeekPoints are not representative of any monetary value.
e.    You must not pay or attempt to pay through any fraudulent or unlawful means.

9.    Damaged products
a.    If a product is suspected to be damaged upon delivery then you should refuse to take receipt of a product. You should contact us immediately through our customer service e-mail or form.

10.    Liability
a.    Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.  You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
b.    Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or GeekByte's liabilities under those provisions:
i.    You acknowledge that the Site is provided "as is" and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
ii.    we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and
iii.    we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
iv.    Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

11.    Termination
a.    We may stop this site (or part of it) from being available without any prior notice. This will not affect accepted orders unless notified by e-mail.
b.    We may terminate, suspend or limit your access without notice if you breach any of these terms or conditions. We may also undertake measures if we deem that any malicious, exploitative or illegal activity is taking place.

12.    Changes to Terms and Conditions
a.    We reserve the right to modify, change, cancel or include new terms and conditions at any time without notice.
b.    We recommend you review these terms and conditions every time an order is placed as they may change.
c.    We will not change or modify the terms and conditions for any order accepted by us. GeekByte may cancel existing orders for any changes to the terms and conditions.

13.    General
a.    If any part of these terms and conditions (or referenced terms and conditions) is deemed to be void, unenforceable or illegal in jurisdiction it is severed for that jurisdiction. The remainder of this document and referenced documents has full force, effect, validity and enforceability in that jurisdiction. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
b.    This agreement is governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.

14.    Risk and Loss
a.    Risk and title to Product passes to you on the date and time of delivery to the delivery address.

15.    Product Descriptions
a.    GeekByte attempts to be as accurate as possible with its product descriptions and information. GeekByte does not warrant that any information on this site is accurate, complete, correct or error-free.

16.    External Businesses
a.    There are parts of this site which may direct you to external businesses to GeekByte. For example: Paypal. These sites have individual terms and conditions and agreements. You will need to review these other businesses terms and conditions as well as agreements prior to use. GeekByte does not warrant or assume any responsibility or liability for the actions, products, services or actions of any external business. You should carefully review any terms and conditions as well as their privacy policy prior to use.

17.    Other agreements
a.    For ease of access and readability – these terms and conditions have been expanded to include our Shipping and Returns, Payment Information and GeekPoints policies.
b.    Shipping and Returns: http://www.geekbyte.com.au/index.php/shipping-and-returns
c.    Payment Information: http://www.geekbyte.com.au/index.php/payment-information
d.    GeekPoints Information: http://www.geekbyte.com.au/index.php/geek-points/8-shop/16-geek-points-t-c
d.    You also agree, and accept to be bound to all information in these documents.

18.    Definitions
a.    GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
b.    Site means GeekByte shopping site at www.geekbyte.com.au
c.    We means GeekByte