Terms & Conditions
Geekify Terms & Conditions
Geekify Pty Ltd • ABN 91 688 301 368
Contents ▾
1About These Terms▾
These Terms and Conditions apply to goods and services supplied by the Geekify contracting entity identified on the customer's quotation, booking confirmation, service agreement, order or invoice.
In these Terms: "Geekify", "we", "us" and "our" refer to the contracting entity identified on the relevant transaction document. "Customer", "you" and "your" refer to the person or organisation purchasing or receiving the goods or services. "Goods" include computers, devices, components, accessories, replacement parts, networking equipment and other products supplied by Geekify. "Services" include onsite support, remote support, diagnosis, repair, installation, configuration, maintenance, data transfer, data recovery, cybersecurity assistance, scam-related assistance, training and other agreed technology services.
These Terms apply together with any accepted quotation, booking confirmation, service agreement, order or invoice. If a transaction document contains a specific term applying to that transaction, that term applies together with these Terms.
Nothing in a transaction document or these Terms excludes, restricts or modifies any right, guarantee, remedy or protection that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law.
2Australian Consumer Law▾
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Depending on the transaction and circumstances:
- goods must be of acceptable quality;
- goods must be fit for any disclosed purpose that Geekify accepts;
- goods must match their description;
- goods must match any sample or demonstration model where applicable;
- services must be provided with due care and skill;
- services must be fit for any purpose or result made known by the customer and accepted by Geekify; and
- services must be supplied within the agreed period or, where no period is agreed, within a reasonable time.
Where goods have a major failure, the customer may be entitled to choose a refund or replacement in accordance with the Australian Consumer Law. Where a failure with goods is not major, Geekify may provide an appropriate remedy within a reasonable time.
Where services have a major failure, the customer may be entitled to cancel the service contract and obtain the remedies provided by the Australian Consumer Law. Where a service failure is not major and can be remedied, Geekify may remedy the failure within a reasonable time.
Customers may also be entitled to compensation for reasonably foreseeable loss or damage resulting from a failure to comply with an applicable consumer guarantee.
A voluntary Geekify warranty or manufacturer's warranty is additional to Australian Consumer Law rights and does not replace, restrict or limit those rights.
3Quotes, Bookings and Acceptance▾
A quotation, booking or preliminary discussion does not guarantee that a particular technical outcome is possible.
Before a customer commits to a material purchase or substantial service, Geekify will take reasonable steps to disclose:
- the proposed scope of work;
- the goods or services to be supplied;
- the price or pricing basis;
- known call-out, diagnostic, travel, delivery or third-party charges;
- known material limitations;
- any deposit or advance payment required;
- an estimated delivery or completion period where reasonably possible; and
- material cancellation conditions applying to the transaction.
The customer may accept a transaction through:
- a signed service agreement;
- written acceptance of a quotation;
- an online booking or payment process;
- email or text-message confirmation;
- recorded verbal approval where recording is lawful and consent has been obtained;
- payment following clear disclosure of the relevant transaction; or
- another method that reasonably demonstrates informed acceptance.
Customer acceptance confirms approval of the disclosed goods, services, scope and price. Acceptance does not remove or reduce any right available under the Australian Consumer Law.
Where the account holder, payer and intended user are different people, Geekify may require reasonable evidence that the person approving the transaction has authority to do so.
4Technical Diagnosis and Recommendations▾
Technical recommendations are based on the information reasonably available to Geekify at the time. Geekify will take reasonable steps to:
- understand the issue reported by the customer;
- identify relevant operational requirements;
- distinguish between a preliminary opinion and a confirmed diagnosis;
- carry out reasonable testing before recommending replacement equipment;
- explain material limitations in the assessment;
- identify practical alternatives where reasonably available; and
- obtain approval before supplying additional goods or performing material additional work.
Geekify will not represent that equipment must be replaced unless that recommendation is reasonably supported by the assessment undertaken at the time.
A diagnosis may change following further testing, disassembly, receipt of additional information or identification of another fault. Any material change to the recommended solution, scope or price requires further customer approval before Geekify proceeds.
Geekify cannot guarantee that every fault will be identified during an initial consultation or diagnostic process. Geekify will nevertheless perform the agreed diagnosis with due care and skill.
5Pricing and Payment▾
Geekify's prices may vary according to the type, complexity, location, timing and requirements of the service. Applicable prices will be provided through the quotation, booking confirmation, service agreement, order or invoice.
Before the customer commits to a transaction, Geekify will disclose:
- the total price where it can reasonably be calculated;
- GST where applicable;
- known call-out, diagnostic, travel, delivery or service charges;
- known third-party costs;
- the price of proposed goods or hardware;
- any deposit or advance payment;
- any lawful fee not prohibited by applicable legislation, payment-network rules or another binding requirement; and
- the basis for calculating additional work where the total cannot reasonably be determined in advance.
Where a price is displayed or quoted to a consumer, Geekify will display the total minimum price payable as prominently as any component price. The total price will include GST, taxes, duties and all unavoidable or preselected fees that can reasonably be calculated at that time.
If an additional amount cannot reasonably be calculated in advance, Geekify will disclose the nature of the amount and the method by which it will be calculated before the customer commits to the transaction.
Geekify will not impose a payment surcharge where the surcharge is prohibited by law, payment-network rules or another binding requirement.
Geekify will obtain approval before performing material additional work or supplying additional goods, except where urgent action is reasonably necessary to prevent damage or address an immediate safety or security risk and the customer cannot reasonably be contacted.
Geekify may require a reasonable deposit or advance payment where:
- equipment or components must be ordered;
- goods are customised or specially configured;
- third-party charges must be paid;
- substantial resources must be reserved; or
- the customer otherwise agrees to advance payment.
Geekify will not accept payment for goods or services where Geekify knows, or ought reasonably to know, that Geekify will not be able to supply them as represented.
Before accepting payment for specially ordered goods, Geekify will take reasonable steps to confirm availability and communicate the expected supply period. If Geekify becomes unable to supply the agreed goods or services, Geekify will notify the customer and provide the options and remedies required by law.
Taking an advance payment does not remove Geekify's obligation to supply the agreed goods or services within the agreed period or, where no period is agreed, within a reasonable time.
6Receipts, Invoices and Proof of Purchase▾
Geekify will provide receipts, tax invoices and itemised service bills as required by law. A receipt will identify, where required:
- the name of the supplying business;
- the applicable ABN or ACN;
- the goods or services supplied;
- the date of supply; and
- the price paid or payable.
Where a customer requests an itemised service bill within an applicable statutory period, Geekify will provide the bill within the period required by law. The itemised bill will show how the price was calculated, including relevant:
- labour hours;
- hourly rates;
- materials;
- components;
- third-party charges; and
- other applicable charges.
Geekify may request reasonable proof of purchase before providing a remedy. Proof of purchase is not limited to a paper invoice and may include:
- a payment or bank record;
- a debit or credit card statement;
- a booking, appointment, order or invoice reference;
- a receipt number;
- a warranty record;
- a serial or production number linked to the transaction; or
- another record that reasonably demonstrates the purchase.
7Delivery and Completion Periods▾
Any stated delivery, attendance or completion date is an estimate unless Geekify expressly agrees in writing that the date is guaranteed or is an essential term of the transaction. Geekify will take reasonable steps to meet agreed or estimated periods.
If a material delay occurs, Geekify will notify the customer where reasonably practicable and provide available options, which may include:
- continuing under a revised timeframe;
- approving an alternative product or service;
- cancelling an uncompleted part of the order; or
- receiving an appropriate refund or remedy where required by law.
Geekify remains responsible for its own contractual obligations even where Geekify engages a supplier, courier, manufacturer, contractor or repair centre. A third-party delay does not remove any cancellation or remedy right that the customer may have under the Australian Consumer Law.
8Notice Before Repairs▾
Before accepting goods for repair, Geekify will provide any repair notice required by the Australian Consumer Law. The general information in these Terms does not replace a separate repair notice required by law.
Where a repair notice is required, Geekify will provide the applicable notice before accepting the goods for repair and will allow the customer a reasonable opportunity to consider the notice before proceeding.
Customers acknowledge that:
- diagnosis, repair, upgrade, maintenance and data recovery may involve a risk of data loss;
- customers should maintain a current backup of important data before work begins;
- Geekify may use new, refurbished or equivalent replacement components where appropriate and permitted by law; and
- Geekify will give any legally required notice where refurbished parts may be used or refurbished goods may be supplied.
Geekify will exercise due care and skill when handling customer equipment and data. A failure by the customer to maintain a backup does not remove Geekify's responsibility for a failure to exercise due care and skill or remove any right under the Australian Consumer Law.
9Aged, Fragile and Previously Damaged Equipment▾
Customers acknowledge that equipment presented for inspection, testing, diagnosis, repair, upgrade, maintenance or data recovery may be:
- old or heavily used;
- previously repaired, opened, modified or altered;
- physically damaged;
- affected by liquid exposure, heat, corrosion, contamination or environmental conditions;
- worn, brittle, fragile or structurally weakened;
- affected by deteriorated plastics, adhesives, seals or fasteners;
- subject to intermittent or multiple faults; or
- otherwise degraded through age, normal wear and tear, previous damage or prior work.
Some procedures require equipment to be opened, disassembled, separated, heated, tested, moved or temporarily operated. Components may already have been weakened by:
- age or ordinary deterioration;
- corrosion or liquid exposure;
- heat damage;
- physical impact;
- manufacturing methods;
- previous repairs or modifications;
- degraded adhesives or seals;
- damaged connectors or fasteners; or
- another pre-existing condition.
During inspection, testing, disassembly, diagnosis, repair, upgrade, reassembly or data recovery, components including plastics, clips, connectors, sockets, flex cables, hinges, glass panels, screens, display assemblies, adhesives, screws, seals, covers, fasteners and other parts may break, crack, separate, deform, detach or sustain further damage because of their pre-existing condition.
Geekify will exercise due care and skill when handling customer equipment. Where Geekify identifies a significant and reasonably foreseeable risk of further damage before commencing work, Geekify will, where reasonably practicable:
- explain the identified risk;
- record the visible condition of the equipment;
- identify available alternatives where appropriate; and
- obtain the customer's approval before proceeding.
The customer acknowledges a disclosed inherent risk only where Geekify has provided sufficient information for the customer to understand the material nature of that risk before authorising the work.
Some procedures involving aged, damaged, deteriorated or fragile equipment may carry an inherent risk of additional damage. Component failure may occur despite Geekify exercising due care and skill. Geekify is not responsible for damage, deterioration or failure caused solely by a pre-existing defect, age, wear, corrosion, fragility, previous repair, previous modification, liquid exposure, physical damage or another condition that Geekify did not cause.
Where the condition of the equipment prevents Geekify from safely or reasonably completing the agreed work, Geekify may suspend the work and discuss available options with the customer.
Geekify will not rely on this section to avoid responsibility for:
- damage caused by Geekify's failure to exercise due care and skill;
- work performed outside the customer's authority;
- failure to follow an agreed or professionally appropriate procedure;
- misleading information concerning the risk or likely outcome; or
- liability that cannot lawfully be excluded.
Nothing in this section excludes, restricts or modifies any right or remedy available under the Australian Consumer Law.
10Customer Authorisation for High-Risk Work▾
Where a significant repair risk is identified, Geekify may require written or recorded approval before proceeding. The approval record may include:
- photographs of the equipment;
- its visible condition;
- the identified risks;
- affected components;
- available alternatives;
- the customer's decision;
- the date and method of approval; and
- relevant technician notes.
Approval of a disclosed inherent risk does not authorise negligent work or remove Geekify's obligation to exercise due care and skill. General acceptance of these Terms does not constitute specific consent to a material repair risk that Geekify identifies after accepting the equipment.
11Data, Backups and Privacy▾
Customers should maintain a current backup of important information before diagnosis, repair, upgrade, migration, maintenance or data recovery. Geekify will exercise due care and skill when handling customer equipment and data.
Data transfer and data recovery cannot be guaranteed. Outcomes may depend on:
- the condition of the storage media;
- physical or electronic damage;
- encryption;
- overwriting;
- corruption;
- hardware failure;
- password or authentication requirements; and
- previous recovery attempts.
For data-recovery work:
- access will be restricted to personnel authorised for the recovery task;
- customer documents, images and files will not be reviewed except to the minimum extent technically necessary to perform or verify the requested recovery;
- recovery equipment will operate offline without internet access where required by Geekify's recovery process;
- access will be limited to authorised personnel, including the Compliance Manager and Chief Executive Officer where required for traceability;
- recovered data will only be released to the customer or an authorised representative;
- access and transfer will be documented where appropriate; and
- recovered copies will be retained or securely deleted in accordance with the agreed service arrangement and applicable legal obligations.
Geekify will not exclude responsibility for data loss caused by a failure to exercise due care and skill where that responsibility cannot lawfully be excluded. Personal information will be handled in accordance with Geekify's Privacy Policy and applicable privacy obligations.
12Customer Devices and Property▾
Geekify will record equipment taken into its custody where reasonably practicable. The service record may identify:
- the device type;
- make and model;
- serial number where available;
- accessories received;
- visible condition;
- passwords or access information provided;
- the agreed purpose of collection; and
- the person authorising the collection.
Geekify will exercise due care and skill while customer goods are in its custody. Geekify may require proof of identity or authority before releasing equipment, replacement devices, recovered data or customer property.
Geekify will take reasonable steps to return customer property to the customer or authorised representative when the agreed work is completed, cancelled or otherwise concluded, subject to any lawful right relating directly to the relevant goods or services.
13Security, Scam Assistance and Account Recovery▾
Security and scam-related services involve technical and third-party limitations. Unless expressly agreed otherwise, Geekify cannot guarantee that:
- every threat will be identified;
- every malicious file or compromise will be removed;
- money transferred to another party will be recovered;
- a third-party provider will restore an account;
- deleted or encrypted data will be recovered; or
- future compromise will not occur.
Geekify will provide the agreed service with due care and skill and explain known material limitations. Account-recovery work may depend on:
- third-party identity checks;
- password-reset processes;
- recovery email addresses;
- telephone access;
- proof of account ownership; and
- two-factor authentication or multifactor authentication recovery procedures.
Geekify cannot override a third-party provider's security or identity-verification requirements. Geekify will not knowingly assist a person to gain unauthorised access to an account, device or service.
14Remote Support▾
Geekify will obtain permission before remotely accessing a customer's device. The customer may terminate a remote support session at any time. Geekify will:
- access only systems reasonably relevant to the agreed service;
- avoid intentionally accessing unrelated customer files;
- explain material changes where reasonably practicable;
- take reasonable security precautions; and
- end the session when the agreed work is completed or suspended.
Remote services may be affected by internet availability, device condition, software compatibility or third-party service availability. If an interruption prevents completion, Geekify will discuss reasonable options with the customer.
Termination of a remote session does not remove the customer's obligation to pay for work properly performed before termination, subject to the Australian Consumer Law.
15Appointments and Customer Access▾
The customer must provide:
- accurate contact and address details;
- reasonable access to the location and relevant equipment;
- information, passwords or authority reasonably required for the agreed work;
- a safe working environment;
- notice of known hazards or damage; and
- a responsible adult at a residential onsite appointment.
Geekify may suspend or reschedule work where:
- the location is unsafe;
- reasonable access is unavailable;
- required authority or information is not provided;
- continuing may cause damage or a security incident;
- the requested work may be unlawful; or
- circumstances outside Geekify's reasonable control prevent attendance.
Geekify will explain the reason and available next steps where reasonably practicable.
16Customer Cancellation or Rescheduling▾
A customer may request cancellation or rescheduling using the contact details shown on the booking confirmation, quotation or invoice.
Any cancellation or rescheduling charge must:
- have been disclosed before the customer accepted the booking;
- reflect Geekify's reasonable costs or loss caused by the cancellation;
- take account of the stage reached;
- take account of work properly completed;
- not exceed what is reasonably necessary to protect Geekify's legitimate business interests; and
- not apply where charging it would conflict with the Australian Consumer Law.
In calculating a cancellation charge, Geekify may consider:
- reasonable administrative work already completed;
- technician or contractor time already committed;
- reasonable travel already undertaken;
- reasonable third-party charges actually incurred, not recoverable by Geekify and directly connected with the cancelled transaction;
- diagnostic or technical work already completed;
- specially ordered or customised goods that cannot reasonably be cancelled, returned or reallocated; and
- whether the booking, resources or goods can reasonably be reallocated.
Geekify will not recover the same cost or loss more than once. A cancellation deduction will not include an amount that Geekify:
- avoided;
- recovered from another source;
- can reasonably mitigate; or
- did not actually incur.
Geekify will maintain reasonable records supporting any cancellation deduction and will provide an explanation of the deduction on request. The cancellation conditions applying to the transaction will be those disclosed before the customer accepted the booking or order. Geekify will not introduce a materially less favourable cancellation condition retrospectively.
A cancellation charge will not apply to the extent that:
- Geekify made a material false or misleading representation;
- the goods or services failed an applicable consumer guarantee;
- Geekify did not supply within an agreed or reasonable period and the customer is legally entitled to cancel;
- Geekify cancelled without providing a reasonable alternative;
- Geekify's breach caused the cancellation;
- the cancellation occurs under an applicable statutory cooling-off right; or
- the law otherwise gives the customer a right to cancel without charge.
17Geekify Cancellations and Rescheduling▾
Geekify may reschedule an appointment due to technician unavailability, supplier delay, safety concerns or another event outside reasonable operational control. Geekify will provide as much notice as reasonably practicable and offer an alternative appointment.
If Geekify cannot provide the service within the agreed period or a reasonable period, the customer may be entitled to cancel the uncompleted service and receive an appropriate refund. Geekify will not apply a customer cancellation fee where Geekify's cancellation or material delay caused the customer to cancel.
Where Geekify reschedules an appointment, any customer payment will continue to be treated in accordance with the customer's statutory rights and the agreed revised arrangement.
18Change-of-Mind Cancellations▾
The Australian Consumer Law does not generally require a refund where goods and services comply with the contract and applicable consumer guarantees and the customer simply changes their mind.
Geekify may agree to a change-of-mind cancellation at its discretion, taking into account:
- work already properly completed;
- the condition and return of goods;
- reasonable cancellation costs;
- supplier costs actually incurred and not reasonably recoverable;
- specially ordered or customised products; and
- the written cancellation arrangement agreed with the customer.
This section does not apply where the customer is exercising an Australian Consumer Law right or another statutory remedy.
19Unsolicited Consumer Agreements▾
Where an agreement is an unsolicited consumer agreement under the Australian Consumer Law, Geekify will comply with all applicable requirements concerning:
- permitted contact times;
- identification of the salesperson and Geekify;
- the purpose of the contact;
- ending the contact when requested;
- the form and contents of the written agreement;
- provision of the agreement to the customer;
- the customer's statutory 10-business-day cooling-off period;
- cancellation rights;
- restrictions on accepting payment or supplying services during the cooling-off period; and
- termination and refund obligations.
This may include certain sales resulting from telemarketing, door-to-door contact or other unsolicited approaches away from Geekify's business premises. Geekify will not request or accept payment during a cooling-off period where payment is prohibited.
If the customer validly terminates an unsolicited consumer agreement, Geekify will comply with the resulting cancellation, collection and refund obligations. A mandatory requirement applying to an unsolicited consumer agreement prevails over any inconsistent provision in these Terms.
20Additional Faults and Work Outside Scope▾
Geekify is not responsible for faults caused solely by:
- customer misuse;
- unrelated third-party hardware or software;
- unauthorised changes made after Geekify completes its work;
- malware or security incidents Geekify did not cause;
- physical or liquid damage Geekify did not cause; or
- failure to follow reasonable written instructions.
If a reported problem is unrelated to the original agreed work, Geekify may provide a separate quotation for additional diagnosis or rectification. Geekify will not charge for rectification that Geekify is legally required to provide under the Australian Consumer Law. Geekify will explain why additional work is considered outside the original scope before seeking approval for that work.
21Third-Party Goods and Services▾
Goods supplied by Geekify may be manufactured by third parties and may carry manufacturer warranties. Manufacturer warranties operate in addition to Australian Consumer Law rights. Geekify will not require a customer to approach the manufacturer as a condition of exercising a right against Geekify where Geekify is legally responsible for providing the remedy.
Third-party software, cloud services, internet providers and subscription products may have separate terms. Geekify is not responsible for an independent third party's outage, account restriction, policy decision or platform change that Geekify did not cause.
Geekify remains responsible for its own:
- representations;
- recommendations;
- selection of goods;
- configuration work; and
- services.
Where Geekify recommends third-party goods or services for a disclosed customer purpose, Geekify will take reasonable steps to consider the customer's stated requirements.
22Software Licences and Lawful Use▾
Customers are responsible for maintaining lawful licences for software used on their devices. Geekify will not knowingly install counterfeit, unlawfully obtained or unauthorised software.
Where the customer requests installation or transfer of software, the customer must provide valid licence information or authority to use it. Some licences cannot be transferred between devices. Geekify will explain known material licence restrictions where reasonably practicable.
Customers are responsible for ensuring that content, software and media supplied to Geekify are lawfully obtained and used. Geekify may decline work that would require unlawful access, circumvention of lawful security controls or infringement of third-party rights.
23Australian Consumer Law Remedies and Separate Warranties▾
Geekify does not use this section to create a separate time-limited warranty against defects unless a separate written Geekify warranty is expressly issued for the particular goods or services.
The customer's rights under the Australian Consumer Law are not limited to a stated number of days and may continue for a period that is reasonable having regard to the nature, price and expected use of the goods or services. Geekify may reasonably inspect or assess the relevant goods or services before determining the appropriate remedy.
If a failure is minor and can be remedied, Geekify may rectify it within a reasonable time. If the failure is major, or a minor failure is not remedied within a reasonable time, the customer may have further rights under the Australian Consumer Law.
Any separate warranty against defects offered by Geekify will be provided in writing and will include the information and mandatory wording required by applicable law.
Misuse, accidental damage, unauthorised modification or third-party interference may affect a separate voluntary warranty where those matters caused the relevant problem. Those matters do not remove Australian Consumer Law rights relating to a separate failure by Geekify.
24Complaints▾
Customers may lodge a complaint using the contact information shown on their booking confirmation, order, invoice or the Geekify website. Customers should provide:
- their full name;
- booking, appointment, order or invoice reference;
- a description of the issue;
- relevant dates;
- the outcome requested; and
- available supporting information.
Geekify will:
- acknowledge the complaint within a reasonable time;
- identify the relevant transaction;
- review available service, payment and communication records;
- request further information where reasonably required;
- explain Geekify's position;
- identify any proposed remedy; and
- maintain a record of the response and outcome.
Nothing in the complaint process prevents a customer from contacting a regulator, tribunal, court, legal adviser or another body. A commercial settlement does not constitute an admission of liability unless expressly stated in writing. Geekify will identify the legal entity responsible for responding to the complaint or consumer-guarantee claim.
25Refunds▾
Approved refunds will be processed to the original payment method where reasonably practicable, unless another method is agreed or legally required. Geekify will provide:
- the approved refund amount;
- the method of refund;
- confirmation when the refund is submitted; and
- an explanation of any lawful deduction.
Geekify will not deduct a cancellation fee where doing so would conflict with the customer's Australian Consumer Law rights. Once Geekify submits a refund, completion may depend on the customer's bank, card issuer or payment provider.
Geekify will provide accurate information about the refund submission and will not promise a completion date that Geekify cannot reasonably control. Geekify will not describe a refund as processed until the refund has actually been submitted through the applicable payment method.
26Exchange and Release of Property▾
Geekify may require payment of undisputed amounts properly due before releasing goods supplied by Geekify. This section does not authorise Geekify to:
- retain customer property unlawfully;
- retain one item because the customer owes money for an unrelated transaction; or
- use possession of customer property to prevent the customer from exercising an Australian Consumer Law right.
Where only part of an invoice is disputed, the parties should attempt to identify the disputed and undisputed amounts. Geekify may require proof of identity or authority before releasing customer equipment, goods or recovered data.
Any legal right to retain goods will only be exercised where that right is lawfully available and properly connected with the relevant goods or services.
27Uncollected Goods▾
Where customer goods remain uncollected, Geekify will take reasonable steps to contact the customer using the recorded contact details. While customer goods remain in Geekify's possession, Geekify will take reasonable care to safeguard them.
Geekify will store, sell, dispose of or otherwise deal with uncollected goods only in accordance with applicable law, including relevant:
- notices;
- waiting periods;
- value thresholds;
- valuation requirements;
- recordkeeping requirements;
- disposal methods; and
- court or tribunal requirements.
Reasonable removal, storage, maintenance, insurance or disposal costs may be charged only where disclosed and legally recoverable. Geekify will not dispose of customer goods unless the applicable statutory requirements have been satisfied. Geekify will not refuse to return customer property merely because the customer owes an unrelated amount.
28Limitations of Responsibility▾
To the extent permitted by law, Geekify is not responsible for loss caused solely by:
- customer misuse;
- inaccurate or incomplete customer information;
- independent third-party action or interference;
- an unrelated third-party outage;
- pre-existing damage Geekify did not cause;
- unlawful or unlicensed software supplied by the customer; or
- the customer's failure to follow reasonable instructions.
Any exclusion or limitation only applies to the extent permitted by law. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability arising from failure to comply with an applicable consumer guarantee.
This section does not limit Geekify's responsibility for its own representations, recommendations, negligence, lack of due care and skill or unauthorised work.
29Events Outside Reasonable Control▾
Geekify is not responsible for delay caused by an event genuinely outside its reasonable control, provided Geekify:
- did not cause the event;
- takes reasonable steps to reduce its effect;
- informs the customer where reasonably practicable; and
- resumes performance when reasonably possible.
This section does not remove a customer's right to cancel or obtain another remedy where:
- the delay becomes unreasonable;
- performance becomes impossible;
- an essential agreed date is not met; or
- the law otherwise permits cancellation or another remedy.
30Changes to These Terms▾
Geekify may update these Terms from time to time. The Terms applying to a transaction are the version disclosed to and accepted by the customer when the contract was entered into, unless:
- the customer agrees to a later variation;
- a change is required by law; or
- the change benefits the customer without imposing a new material disadvantage.
Geekify will not retrospectively apply a materially less favourable term to an existing transaction without the customer's informed agreement. Geekify will retain or archive previous versions of these Terms so that the version applying to an earlier transaction can be identified.
31Severability▾
If a provision of these Terms is found to be invalid, void, unfair or unenforceable, the provision will be read down to the extent legally permitted. If the provision cannot be read down, it will be severed without affecting the remaining provisions.
Severance of a provision does not prevent a customer from exercising any right or remedy available under applicable law.
32Governing Law and Jurisdiction▾
These Terms are governed by the law applicable to the contracting entity and the relevant transaction. Nothing in this section:
- restricts a customer's rights under the Australian Consumer Law;
- prevents a customer from contacting a regulator;
- requires a customer to bring a claim only in New South Wales; or
- prevents a customer from exercising a right in a jurisdiction available under applicable law.
33Contacting Geekify▾
Questions, cancellations, complaints, consumer-guarantee claims and warranty requests should be directed to Geekify using the current contact details published on the Geekify website or stated on the customer's booking confirmation, quotation, service agreement, order or invoice. Customers should include:
- their full name;
- booking, appointment, order or invoice reference;
- a description of the issue;
- relevant dates;
- the outcome requested; and
- any relevant supporting information.