- Terms & Conditions
Terms & Conditions
Last updated on 27th of July 2015
Throughout the site, the terms 'we', 'us' and 'our' refer to UMKLOGiX. http://umklogix.com and http://umklogix.com.au are the URLs of same website/store UMKLOGiX. UMKLOGiX offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our 'Service' and agree to be bound by the following terms and conditions ('Terms of Service', 'Terms'), including those additional terms and conditions and policies referenced herein, available by hyperlink and/or listed somewhere else on our website e.g., product pages. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service (includes Payment, Shipping and Privacy Policies on our website) by posting updates and/or changes to our website anytime. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
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.
ONLINE STORE TERMS
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
As listed in Payment & Delivery webpage on our website.
As listed in Payment & Delivery webpage on our website.
WARRANTY, RETURN AND REFUND POLICY
Warranty terms and information for products may also be listed on respective products pages which are applicable in addition to the terms and conditions listed here.
We do not provide refunds and exchanges/replacements in case of wrong products purchased, change of mind, fault caused by customer's action, non-recommended/unusual use of the product, alterations made to the product, and if the customer bought a faulty product after being made aware of the fault/s. Proof of purchase must be provided for all warranty, refund and exchange/replacement claims. We recommend that the customers review the details of manufacturer's warranty and ensure that their terms and conditions are complied as UMKLOGiX accepts no responsibility for non-compliance of manufacturer's policies.
In cases where item/s need to be returned to UMKLOGiX, customers must make sure that the goods are properly packaged as we do not take responsibility for any goods lost or damaged during the transit. Damage during transit may also void the manufacturer's warranty. Items must be in their original packaging, all the original boxes must be intact and included, along with all packaging materials, manuals, warranty cards, plus all accessories and documents provided by the manufacturer. Goods must be shipped through a track-able shipping service with proof of delivery unless otherwise advised by us.
We bear both ways shipping costs if the product has a major fault, was dead on arrival or we sent out a wrong product within 12 days of the delivery. Both ways shipping includes delivery of the faulty item/s from customer to us and delivery of replaced item from us back to the customer. UMKLOGiX will decide and advise the customer if the faulty product will be replaced or refunded. UMKLOGiX must be notified in writing within 7 days of the product receipt for any such claim. We'll advise customers of the procedure for return delivery. In such cases, customer may need to take the item/s to an Australia Post outlet. In some cases, if possible, we may arrange a pick up of the item/s from the location where the product/s was shipped to.
For warranty claims after 12 days of product delivery, the item cannot be refunded. The decision of whether to exchange/replace or repair the faulty product/s will depend on the vendors, manufacturers and dealers that we work with or involved in the supply process of the products. Customer will be responsible for the costs and safe delivery of the faulty product to the address advised by UMKLOGiX. Item must be shipped through a track-able shipping service with proof of delivery. The faulty product after repair or exchange/replacement will be shipped back to the customer and UMKLOGiX will be responsible for this part of the shipping that includes shipping costs.
Some of the PC builds sold by UMKLOGiX come with 1 year onsite warranties through National Warranty Services (NWS - http://www.nationalwarranties.com.au) that is provided via more than 3000 service agents Australia wide. The type of warranty, whether be Onsite or RTB (return to base), as included with the PC configuration is mentioned on the PC product page or could be selected if offered as an option. Onsite service may not be available in some remote regional areas in which case drop off locations could be used (please see the terms and conditions at NWS website). In case of hardware problems when NWS onsite warranty is included or purchased with the PC, NWS can be contacted on 1300 765 860 who will aim to send a service agent within 1-2 days of the lodgement of the case. UMKLOGiX can also be contacted for support through email, live chat or phone if needed.
Hardware failures within first 7 days of receiving your PC must be lodged with UMKLOGiX within these 7 days. NWS warranties are not applicable for this period as the computer is deemed dead on arrival (DOA) by them.
Warranties cover only hardware part of the PC and excludes software, settings, viruses, malware, Trojans, drivers, peripherals, removable media, buttons, keyboards, mice, user damage and damage caused by environmental factors. NWS warranty terms listed on their website (http://www.nationalwarranties.com.au/warranty-terms/nws-std-warranty-terms.pdf) are applicable for PCs that come with onsite warranty. Customers/users must use Surge Protector in order to be eligible for onsite warranty. Customers need to make sure that the problem is hardware related before calling NWS as non-hardware issues will be charged by NWS.
Return of the computer to UMKLOGiX for servicing/repair will be considered only as a last option when all the other support methods are exhausted. In some cases, we may attempt to solve the problem online or at least confirm the problem online through remote connection and desktop sharing services and through the phone, video link (FaceTime, Skype etc.) and text communications (Email, SMS etc.). We may ask our customers to make some minor physical adjustments of the products if needed. In an event of returning the PC to UMKLOGiX, customer may need to take the computer/s to an Australia Post outlet and in some cases, when possible, we may arrange a pick up from the location where the product was shipped to.The decision to refund, repair or replace a faulty PC is at sole discretion of UMKLOGiX.
While warranty services are undertaken through NWS, some of the computers may lose their overclocking functionality and revert back to their default clock speeds. In such cases, the customers will be responsible for the costs (including both side shippings) if they want their computers to be overclocked again. Every effort will be made to overclock the computer to its maximum potential however no guarantees can be given about the overclocked speeds.
How to lodge a warranty claim?
Log in to 'My Account' on our website, go to 'Completed Orders' and initiate return process by clicking 'Return Item(s)' next to the order to be returned.
How the refunds are made?
After the warranty claim is processed by UMKLOGiX, we will advise our customers through phone, Email or SMS how the refund will be completed as it will depend on the method of payment and the policies of payment processors e.g., PayPal and eWAY (for credit cards). We try our best to complete the refund within 7 business days after finalising the refund decision. Generally, the refunds are given to the customer in the same payment method that the customer used to purchase the item.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS AND/OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Product images, descriptions and specifications
All brands, logos, images and names are trademarks of their respective companies. Product images on UMKLOGiX are for illustration purposes only and actual products may differ from the images. Product descriptions and data are acquired from vendor/manufacturer websites. Vendor/manufacturer websites should be referred to for the most up to date information and data. Product descriptions, images, data and features listed on our website may contain some inaccuracies, omissions and typographical errors despite our best efforts to avoid them. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Prices and products availability
Our website is updated frequently and the prices, descriptions and availability of the items are subject to change anytime without notice, at the sole discretion of us. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. At the time of placing an order online, stock showing as available may sell out and therefore be on backorder in which case the processing of the order may get delayed.
ORDER PROCESSING, ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel/disapprove an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. In such a case, any payment received will be refunded to the customer for the disapproved/cancelled part of the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Additional information and documentary evidence may be required to verify authenticity of the customer order and payment whenever deemed necessary by UMKLOGiX. This may include but not limited to verification over the phone, SMS, email and provision of photo identification, credit card copies and utility bills to UMKLOGiX.
For computers that we build, we reserve the right to use alternative components of similar or better quality in the rare event of stock unavailability.
OPTIONAL TOOLS AND THIRD-PARTY LINKS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools 'as is' and 'as available' without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER AND LIMITATION OF LIABILITY
You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.
The use of our website and the products bought from us are at your sole risk and you assume full responsibility for any associated costs. We will not be liable for any damages of any kind related to the use of our website and the products bought from us. In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website or the products bought from us, even if we are advised of the possibility of such damages.
Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
The headings and titles used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
QUESTIONS OR CONCERNS
Please send all questions, comments and feedback to us at firstname.lastname@example.org.