Conditions Of Use
In General
Tech Chimp ("www.techchimp.com.au") owns and operate this Website. This document governs your relationship with www.techchimp.com.au ("Website"). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the "Linked Sites"), which are not operated by www.techchimp.com.au. www.techchimp.com.au has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at http://www.techchimp.com.au/privacypolicy.html By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person\'s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.techchimp.com.au will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.techchimp.com.au or its licensors or other parties and are protected by copyright laws and treaties around the world. All such rights are reserved by www.techchimp.com.au and its licensors or other parties. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with www.techchimp.com.au you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.techchimp.com.au retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.techchimp.com.au or may in some cases be a third party. Where a contract is made with a third party www.techchimp.com.au is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the Total Cost.
(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.techchimp.com.au and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.techchimp.com.au\'s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.techchimp.com.au and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.techchimp.com.au.
Indemnity
You agree to indemnify, defend and hold harmless www.techchimp.com.au, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Variation
www.techchimp.com.au shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.techchimp.com.au. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.techchimp.com.au.
WORK AUTHORIZATION AND WAIVER OF LIABILITY
Please Read the Information Below carefully and completely before submitting.
I grant permission to Tech Chimp to perform any action deemed necessary in an attempt to repair my computer. Furthermore, I release Tech Chimp from any liability for any data loss which may occur, or component failures occurring during attempted repair, testing, or at any other time. Tech Chimp is not responsible for loss of profit or any direct, indirect, special, incidental, or consequential damage occurring during or after computer service. I also release Tech Chimp from liability associated with any hardware, diskettes, or other media sent in connection with this waiver.
ALL CLAIMS FOR LIABILITY AND/OR LOSS INCLUDING WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH MAY OCCUR AS A RESULT OF ANY TECH CHIMP ACTION (OR INACTION) ARE HEREBY EXPRESSLY WAIVED.
Estimated Completion Time: Tech Chimp will provide an estimated completion time for your repair/install. Unforeseen circumstances may have an impact on our ability to complete the repair(s) as provided in the estimate. I understand that most repairs take from between 1 to 5 days, sometimes longer. Longer if parts/software must be ordered, and or system was dropped and/or spillage occurred to computer prior to Tech Chimp inspecting the computer. I agree that Tech Chimp will be held free and harmless for computers that are requested back before completion of repair by Tech Chimp due to clients need for the computer to be returned.
Hardware Replacement: Any old parts/hardware will be returned to you when your computer is returned.
Impact of Upgrades: Please be advised that it is your responsibility to understand the impact of upgrades to the operating system, applications and utility software. Such upgrades can lead to incompatibilities and the possible loss of data. Computer hardware and software work together and incompatibility may not become apparent until a later date. You are responsible for contacting the manufacturer of your software and or hardware regarding compatibility issues before you request any upgrades.
Liability: Any time a computer is accessed, there is risk of damage including, but not limited to, permanent loss of data or programs, and total loss of function of the computer. This risk is increased when the computer has been infected with viruses, worms, or other malicious software. Tech Chimp’s liability for damage to your computer is limited only to any damage which is determined to be caused by Tech Chimp’s negligent acts or negligent omissions. Our liability for repairs is limited to the total price of the repairs. Be aware that certain repairs, including but not limited to virus and spyware removal, may damage software and/or data installed on your computer. This is to be expected and may require the re-installation of your operating system, programs, and data.
Loss of Data: Data is the most important part of a computer system because it is often irreplaceable. Due to the process of repair, data may get damaged or at worst, deleted. Tech Chimp is not responsible for the loss of any data which may occur while performing work on your computer. You are responsible for backing up your own data. You may request that Tech Chimp back up your data for you at an additional cost; however, we do not guarantee any backup.
Data Recovery: If data recovery service is requested, I understand that, even if the data is successfully recovered, there is a possibility that individual files and directories on the disk may still be inaccessible due to wear and tear of damaged, malfunctioning, and/or old media.
Privacy: Our Technicians will not browse through your hard drive looking at your data; however, they may inadvertently see data during the course of their work. Please remove any personal or private files you do not want others to see. Tech Chimp may require any computer passwords needed to complete repairs. Tech Chimp will not share your personal details or computer passwords with anyone unless required to by law.
Ownership: You must own or be an authorized agent thereof the computer that you request repair(s) on. Tech Chimp will return the computer only to its owner or authorized agent when the repair(s) are complete. You must own and demonstrate ownership of any software that is to be installed or re-installed on your computer by Tech Chimp by supplying the original Software CDs and the appropriate keys and/or serial numbers. Tech Chimp is not responsible if client does not have original software CD/DVD ROMs, and client will be charged if software licenses are necessary.
Right to Refuse: In its sole discretion, Tech Chimp reserves the right to refuse work that it believes is beyond the scope of its ability or for other good cause.
Warranty: Tech Chimp will demonstrate that the repair is complete at the time your computer is returned to you.
I certify that I am the expressed owner of the computer system described in this document. In the event that I am found not to be the true expressed owner of this computer system, I assume all liability for any claim made as the result of the technical support rendered by Tech Chimp on this computer system, including those claims which assert negligence on the part of Tech Chimp.
I understand that Tech Chimp is not an authorized service dealer, and that technical support rendered by Tech Chimp may void manufacturer warranties for this computer system. Tech Chimp does not assume any liability or warranty in the event that the manufacturer warranties are voided. Further, I agree to release, indemnify, and hold harmless Tech Chimp from liability for any claims or damages of any kind or description that may arise from any computer work performed on my computer.
I understand that Tech Chimp offers no verbal or written warranty, either expressed or implied, regarding the success of this technical support.
I expressly waive all claims against Tech Chimp or any damages to this computer system or data that are incidental to the technical support rendered by Tech Chimp.
I fully understand that I, the owner of this computer, have backed up all information on the hard disk in which I want to preserve. I also understand that Tech Chimp is not responsible for any lost data, and waive any legal action against this company. I understand that the data on this computer is not the responsibility of Tech Chimp, and may be lost during the repair process without my prior knowledge.
I understand that as a result of submitting my personal computer for repair/remote repair that it could be subject to loss, theft, damage, or data loss.