JB Hi-Fi 'Set Up Assist' Service Terms & Conditions
The following terms and conditions will apply between JB Hi-Fi Group Pty Ltd (ABN 37 093 114 286) (JB Hi-Fi) and you in relation to the provision of computer set up services to you by JB Hi-Fi.
There are 2 types of computer set up services available for purchase from JB Hi-Fi:
“Set Up Assist Basic” – up to 1 hour assistance via phone and internet remote connection to: configure all foundation settings for your new PC or Mac (Your Computer) to “best practice” standard settings, set up and schedule all performance critical updates for Your Computer’s operating system, operating software and security software, remove pre-installed “junk” software, bloatware and trialware from Your Computer, install and configure any Microsoft Office software purchased separately from JB Hi-Fi on Your Computer to vendor specifications, install any antivirus software purchased separately from JB Hi-Fi on Your Computer to vendor specifications and configure security settings, optimise Your Computer’s configuration and settings for fastest start-up speed and best performance, and if Your Computer is a Mac, sync Apple ID to iOS for easy browsing and configure Apple software customisation.
“Set Up Assist Plus” – all of the features of Set Up Assist Basic, plus:
assistance via phone and internet remote connection to complete 2 additional set up/configuration tasks related to Your Computer (e.g. setting up a printer, moving photos to Your Computer, setting up Skype, connecting an e-health tracker) requested by you (and agreed by JB Hi-Fi’s nominated support technicians), other than the following excluded tasks: installation of specialist software (e.g. MYOB), home networking, installation and set up of modems, routers, wireless extenders, wireless access points and similar tasks, formatting of computers and installation of main operating system; and
technical support via phone and internet remote connection for a period of 30 days to resolve any issues you encounter which are related to the initial set-up and configuration tasks for Your Computer performed by JB Hi-Fi’s nominated support technicians.
In order to be provided with the computer set up services purchased by you (the Set Up Services), you must call 1300 330 361 between 9:00am and 9:00pm (local time at your location), on any day other than Good Friday or Christmas Day and provide the redemption code contained on the tax invoice provided to you for the Set Up Services.
In the event that you request the nominated support technician allocated to assist you to provide any additional services outside the scope of work for the Set Up Services described in clause 1, then he or she may provide you with an estimate of charges prior to performing those additional services. In the event that you accept the estimate of charges provided by the nominated support technician allocated to assist you, those additional services will be provided to you by 1080 Tech Pty Ltd, not JB Hi-Fi and separate terms and conditions may apply.
You warrant to JB Hi-Fi that all information that you provide to JB Hi-Fi and/or its nominated support technicians regarding Your Computer is correct and complete. If this is not the case, in addition to its other remedies available at law, JB Hi-Fi may refuse to provide the Set Up Services and/or require the payment of extra fees.
You agree to provide such information and assistance as JB Hi-Fi and/or its nominated support technicians may reasonably request in order to provide the Set Up Services.
You acknowledge that:
in providing the Set Up Services, JB Hi-Fi’s nominated support technicians will use their best efforts to resolve technical issues and problems with Your Computer, however not all technical issues and problems may be able to be resolved;
all Set Up Services (other than the 30 day technical support component of the “Set Up and Go Plus” service) will only be provided in the same session and may not be spread out over multiple sessions;
calls with JB Hi-Fi’s nominated support technicians (including any remote access to Your Computer by JB Hi-Fi’s nominated support technicians) may be recorded for quality control and process improvement purposes. As well as voice call recording, this may involve keeping a video or recording images of the activities conducted by JB Hi-Fi’s nominated support technicians whilst they have remote access to Your Computer;
JB Hi-Fi will not be able to provide the Set Up Services if Your Computer has been damaged or is not in working condition;
JB Hi-Fi may elect not to provide the Set Up Services if the manufacturer’s default settings and/or programs on Your Computer have been corrupted or changed, Your Computer has been subject to heavy use or Your Computer has been affected by any virus corruption;
JB Hi-Fi and/or its nominated support technicians may refuse to install or set-up any programs or other materials which they reasonably consider to be unlicensed, illegal or inappropriate;
you are solely responsible for ensuring that you have adequate protection in place to prevent circulation of computer programs or attacks to and from Your Computer;
in order to provide the Set Up Services, JB Hi-Fi and/or its nominated support technicians will need to remotely connect to Your Computer;
remote connections can only be established for supported operating systems (Windows 7 (32/64-bit), Windows 8 (32/64-bit), Windows 10 (32/64-bit) or later);
in order to enable JB Hi-Fi to establish a remote connection to Your Computer, a working broadband, cable or NBN internet connection must be available at the location of Your Computer;
JB Hi-Fi will not be responsible or liable under any circumstances for any loss or corruption of data stored on Your Computer which occurs in the course of the provision of the Set Up Services. Accordingly, it is solely your responsibility to back up any data stored on Your Computer prior to the commencement of the Set Up Services; and
in the course of the provision of the Set Up Services, JB Hi-Fi and/or its nominated support technicians may accept “End User Licence Agreements” for software on your behalf. You irrevocably authorise JB Hi-Fi and/or its nominated support technicians to accept any relevant “End User Licence Agreements” on your behalf.
The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Setup Services must be rendered with due care and skill and must be reasonably fit for the purposes contemplated. 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.
Subject to clause 9, the liability of JB Hi-Fi for any loss, howsoever caused, suffered or incurred by you because of a failure by any services provided by JB Hi-Fi to you to comply with any guarantee pursuant to any provision of Subdivisions A and B of Division 1 of Part 2 of the Australian Consumer Law is limited to JB Hi-Fi (at its election) resupplying those services or paying the cost of having those services re-supplied.
Clause 8 does not apply if it is not fair or reasonable for JB Hi-Fi to rely on it, or if the services are of a kind ordinarily acquired for personal, household or domestic use or consumption (as that expression is used in section 3 of the Australian Consumer Law).
Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), JB Hi-Fi shall not be liable to you or any other person for any loss, cost, damage, expense, injury or death arising from, or in connection with, the Setup Services, whether in contract (including any breach of these terms and conditions, actual or anticipatory, including repudiation), tort (including negligence), equity, restitution, under statute or regulation, under any other legal cause of action, claim or right, or otherwise and, for the avoidance of doubt and without limitation (except to the extent otherwise required by law, including, without limitation, the Australian Consumer Law), JB Hi-Fi shall not be liable for any: (a) loss of profits; (b) loss of revenue; (c) loss of anticipated savings; (d) loss of business opportunity; (e) loss of goodwill; (f) loss of reputation; (g) loss of data; (h) consequential, indirect or incidental loss (even if the loss was reasonably foreseeable or JB Hi-Fi has been advised of the possibility of such loss); (i) special loss; (j) punitive or exemplary damages; (k) economic loss or damages of any nature or description; or (l) for any loss or damage caused by any contractor or employee acting outside their actual authority or not in performance of their duties to JB Hi-Fi.