1. About the Website
1.1. Welcome to https://samedaycomputerrepairs.au/ (the ‘Website’). The Website Computer Repairs and Services (the ‘Services ‘).
1.2. The Website is owned and operated by Same Day Computer Repairs. Access to and use of the Website, or any of its associated Products or Services, is provided by Same Day Computer Repairs. Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing, and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Same Day Computer Repairs reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Same Day Computer Repairs updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Same Day Computer Repairs in the user interface.
3. Payment
3.1. Where the option is given to you, you may make payment for the Services (the ‘ Services Fee ‘) by way of: (a) PayPal (b) Cash (c) EFTPOS (d) Cheque
3.2. All payments made in the course of your use of the Services are made using PayPal. In using the Website, the Services, or when making any payment about your use of the Services, you warrant that you have read, understood, and agree to be bound by the PayPal terms and conditions which are available on their website.
3.3. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees, associated with the Services Fee.
3.4. You agree and acknowledge that Same Day Computer Repairs can vary the service fee at any time.
4. Refund Policy
Same Day Computer Repairs will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Same Day Computer Repairs makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund ‘).
5. Copyright and Intellectual Property
5.1. The Website, the Services, and all of the related products of Same Day Computer Repairs are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements, and interactive features) or the Services are owned or controlled for these purposes and are reserved by Same Day Computer Repairs or its contributors.
5.2. All trademarks, service marks, and trade names are owned, registered, and/or licensed by Same Day Computer Repairs, which grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to: (a) Use the Website under the Terms; (b) copy and store the Website and the material contained in the Website in your device’s cache memory; and (c) Print pages from the Website for your own personal and non-commercial use. Same Day Computer Repairs does not grant you any other rights whatsoever about the Website or the Services. All other rights are expressly reserved by Same Day Computer Repairs.
5.3. Same Day Computer Repairs retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or about the Website will transfer any: (a) Business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or (b) A right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or (c) A thing, system, or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system, or process), to you.
5.4. You may not, without the prior written permission of Same Day Computer Repairs and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
6. Privacy
6.1. Same Day Computer Repairs takes your privacy seriously and any information provided through your use of the Website and/or Services is subject to Same Day Computer Repairs’ Privacy Policy, which is available on the Website.
7. General Disclaimer
7.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
7.2. Subject to this clause, and the extent permitted by law: (a) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and (b) Same Day Computer Repairs will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, under statute or otherwise.
7.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of Same Day Computer Repairs make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Same Day Computer Repairs) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: (a) Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; (b) The accuracy, suitability, or currency of any information on the Website, the Services, or any of its Services related products (including third-party material and advertisements on the Website); (c) Costs incurred as a result of you using the Website, the Services or any of the products of Same Day Computer Repairs; and (d) The Services or operation in respect to links that are provided for your convenience.
8. Limitation of liability
8.1. Same Day Computer Repairs’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
8.2. You expressly understand and agree that Same Day Computer Repairs, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
9. Termination of Contract
9.1. The Terms will continue to apply until terminated by either you or by Same Day Computer Repairs as set out below.
9.2. If you want to terminate the Terms, you may do so by: (a) providing Same Day Computer Repairs with 30 days’ notice of your intention to terminate; and (b) closing your accounts for all of the services which you use, where Same Day Computer Repairs has made this option available to you. Your notice should be sent, in writing, to Same Day Computer Repairs via the ‘Contact Us’ link on our homepage.
9.3. Same Day Computer Repairs may at any time, terminate the Terms with you if: (a) you have breached any provision of the Terms or intend to breach any provision; (b) Same Day Computer Repairs are required to do so by law; (c) the provision of the Services to you by Same Day Computer Repairs is, in the opinion of Same Day Computer Repairs, no longer commercially viable.
9.4. Subject to local applicable laws, Same Day Computer Repairs reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Same Day Computer Repairs’ name or reputation or violates the rights of those of another party.
