Terms or Use

OVERVIEW

These Terms and Conditions govern the use of the website https://www.gigadeals.com.au (the Website). The Website is owned and operated by Boost Solutions (ABN 62 407 115 802 ) (“Giga Deals”, “we”, “us” or “our”).

By accessing, using, browsing, registering or purchasing from the Website, you acknowledge that you have read, understood and agreed to these Terms and Conditions. Please read these Terms and Conditions and our Privacy Policy (Privacy Policy) carefully before using the Website.

Giga Deals reserves the right to change these Terms and Conditions at any time without notice. You should regularly check these Terms and Conditions for any changes. Continued use of the Website will be taken as your acceptance of any changes. The Website and its content are provided for your personal use only and must not be used for any public or commercial purpose.

APPLICABLE LAW

These Terms and Conditions are governed by the laws of Victoria, Australia.

MISUSE OF THE GIGA DEALS WEBSITE

When using the Website, you must not:

• post the private details of, impersonate or imitate another person or entity;
• restrict or inhibit another person from using or enjoying the Website;
• use the Website in a manner or for any purpose which is unlawful or contrary to these Terms and Conditions;
• exploit the copyright, trademark or intellectual property rights of Giga Deals or a third party, unless the prior written consent of Giga Deals or the relevant third party has been obtained;
• upload, post, email, transmit or otherwise make available any software that may contain a virus or other information that is designed to interrupt, destroy, disrupt, corrupt or limit the operation of the Website, its servers, software, hardware or equipment; or
• engage in any activity which is likely to cause interference, harm or disruption to the Website, its servers, software, hardware or equipment.

You agree that you will not provide or upload any content which is:

• defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, violent, degrading;
• infringes the intellectual or other proprietary interests of third parties;
• contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Sites or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Sites or otherwise breaches or encourages other users to breach these Terms and Conditions;
• violates any law, statute or regulation;
• forges information to disguise the origin of any Content; or
• encourages or incites any other person to engage in any of the above behaviour.

Please report any breach of these Terms and Conditions as soon as possible to our customer service team via email at scontact@gigadeals.com.au.

ORDERS

All orders including phone orders will be accepted at Giga Deals’s sole discretion. When you submit an order on the Website, you make an offer to purchase the selected goods in accordance with these Terms and Conditions.

When you place your order, we will send an email confirmation of your order outlining the details of your purchase. This email does not constitute acceptance of your order. If we accept your order, you will be sent an email confirming the goods have been dispatched. If we do not accept your order we will notify you via email.

All orders are subject to Giga Deals’s approval and the availability of the selected goods. Giga Deals may place a limit on the quantity of goods that can be ordered on the Website.

PRODUCT SIZE AND DIFFERENCES

Due the wide variety of products available on our website, Giga Deals collaborates with several manufacturers and brands. It is possible to observe slight size and material differences between them. Customers are responsible for reviewing the size chart and choosing the right item to fit them. You can view our size charts here.

Please refer to our Returns Policy if:

• you receive the wrong size.
• you ordered the wrong size or wrong item; and
• the product is not as described on the website.

PRICE

All prices are:

• displayed in Australian dollars;
• inclusive of GST; and
• exclude postage and handling costs. You will be charged extra for postage and handling and will be notified of these additional charges at the time you place your order; and

Prices quoted on the Website are subject to change without notice.

CANCELLATION

To the maximum extent permitted by the law, Giga Deals may cancel or refuse to accept an order at any time, without liability. for example, if an item becomes unavailable.

If we cancel an order, we will refund that payment to you in full using the original payment method.

PAYMENT

When you place an order on the Website, you authorise Giga Deals to charge the total amount payable for the goods which are the subject of your order, to the credit, debit or alternative payment method supplied by you.

You must be the authorised holder or user of the payment method supplied in order to have payment details authorised and processed.

We may request credit, anti-fraud and identity checks if we believe this is necessary. We can refuse to authorise and process an order if, in our absolute discretion, we believe this is necessary.

If we are unable to charge payment to the payment method supplied by you, or if a payment is declined or returned for any reason, Giga Deals may, in our absolute discretion, suspend or cancel your order.

If Giga Deals is charged a fee for processing your credit card by your bank or financial institution, you will be liable for these charges. Giga Deals will notify you of these charges if they apply.

SHIPPING & DELIVERY

Our shipping and delivery information can be found in our FAQ section here.

RETURNS, REFUNDS AND EXCHANGES

Information on returns, refunds and exchanges can be found in our FAQ section here.

RIGHTS UNDER AUSTRALIAN LAW

Australian law, including the Australian Consumer Law, provides you with certain rights in respect of your order that cannot be excluded by these Terms and Conditions, including that your products must be of acceptable quality, reasonably fit for the purpose that we represent they will be fit for, and that the products will correspond with any relevant description.

Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law, including the Australian Consumer Law, which cannot by law be excluded, restricted or modified.

COPYRIGHT/INTELLECTUAL PROPERTY RIGHTS

The Website, its content, layout and design together with any trade mark, name, logo, photograph, image, code, text, data, graphic, software or other identifying mark appearing on the Website (Website IP), is protected by intellectual property and copyright laws and may only be used for your personal reference, and may not otherwise be copied, reproduced, used, stored, published, altered, licensed, downloaded or transmitted in any form or by any other means in whole or part, without the prior written consent of Giga Deals.

The Website IP is the property of Giga Deals or a third party who has contributed to the Website.

Nothing on the Website or in these Terms and Conditions should be construed as conferring a licence or right to use the Website IP unless the prior written consent of Giga Deals or the necessary third party has been obtained.

DEALINGS WITH THIRD PARTIES

The Website may contain hyperlinks to other websites operated by third parties (Third Party Site).

These links are provided for your information and convenience only, and the inclusion of a link does not constitute an endorsement by Giga Deals of a Third Party Site. You link to or from a Third Party Site is at your own risk.

Giga Deals makes no representation in relation to, and is not responsible for the content, products, services or security of Third Party Site, nor is Giga Deals responsible for any loss or damage deriving from the use, content, products, services or security of a Third Party Site, and Giga Deals is not bound by any dealing that you may enter into with a Third Party Site. The terms and conditions of a Third Party Site govern any dealing you may have with that third party.

You should review the terms and conditions and privacy policies of any Third Party Site you visit. Third Party Sites are not governed by Giga Deals’s Terms and Conditions or Privacy Policy and Giga Deals makes no representation about, and is not liable for, the terms and conditions or privacy policies and practices of any Third Party Site.

COOKIES

We may use cookies to collect information about how you use the Website. Cookies are small text files that websites or apps may place on your computer or device. We use cookies to provide you with a more consistent experience across our Website.

We record a variety of information from interactions with our online services including IP addresses, locations data (where available and not disabled by the user), dates, times, and other user activities. In most cases we will not be able to reasonably identify an individual from the information collected.

However, if cookie information is linked with personal information we hold about you, this cookie information becomes personal information and will be treated in the same manner as the personal information to which it has been linked.

You can remove or reject cookies by adjusting the settings on your web browser.

WEBSITE IS “AS IS”

Use of the Website is on an “as is” and “as available” basis, and use of the Website is at your own risk.

Giga Deals does not warrant or guarantee that the Website is accurate, correct, secure, reliable, timely, complete, adequate for any purpose or that it will remain uninterrupted or virus free.

To the maximum extent permitted by the law, Giga Deals is not liable for any error or omission in the information on the Website.

Giga Deals may modify, discontinue, interrupt, suspend or limit the use of the Website at any time when we believe it is reasonably necessary to do so. To the maximum extent permitted by the law, Giga Deals is not liable for any modification, discontinuance, interruption, suspension or other limitation of the Website.

Any material downloaded or otherwise obtained through the Website is done so at your own risk and discretion. Giga Deals is not responsible in any way for any damage to your computer or network that may result.

BREACH OF THESE TERMS AND CONDITIONS AND TERMINATION

If we reasonably believe that you have breached any part of these Terms and Conditions, as amended from time to time, we may without limitation, and in our absolute discretion, suspend or terminate your access to the Website, without prior notice to you.

LIABILITY

To the maximum extent permitted by the law and subject to the our Returns and Exchange Policy, Giga Deals expressly disclaims all representations and warranties of any kind contained on the Website, unless otherwise stated. Giga Deals is not liable for any loss, damage, cost, expense, liability, action, claim, judgment or penalty whatsoever arising directly or indirectly as a result of or in connection with:

• your use of the Website;
• your inability to use the Website for whatever reason;
• the deletion, correction, destruction, damage, loss or failure to store or retain information;
• any unauthorised access to the Website;
• the transmission of any virus onto your computer;
• the unauthorised alteration of data or transmissions;
• any other matter relating to the Giga Deals website; and
• any breach of these Terms and Conditions by you.

INDEMNITY

You agree to indemnify Giga Deals against any loss, damage, cost, expense, liability, action, claim, judgment or penalty suffered or incurred by Giga Deals arising directly or indirectly as a result of or in connection with:

• a breach of these Terms and Conditions by you;
• your access to or use of the Website; or
• a breach of Australian and/or International intellectual property laws by you.

SEVERANCE

If any part of these Terms and Conditions is found to be invalid or unenforceable, the remainder of the Terms and Conditions will continue to apply.

CONTACT INFORMATION

If you have any queries or would like more information about these Terms and Conditions, please contact us via:

Email: contact@gigadeals.com.au

Phone: +61 428 645 383