Background

NZXT Australia Pty Ltd (ABN: 47 645 981 559) (NZXT) make available via its website, computer hardware components and software (Products) which are then assembled and shipped to you (Services).

The access and use of the NZXT website by you is governed by the Website Terms of Use.

These terms and conditions govern the purchase of the Products and Services together with the following policies:

• Warranty Policy
• Shipping Policy
• Privacy Policy

Note: NZXT’s policies apply in addition to other rights and remedies you may have under law including under the Australian Consumer Law.

By purchasing Products and/or Services from NZXT you agree to these terms and conditions.

1 Purchases and Accounts

1.1 As part of the purchasing process, you may be required or requested to create an account with NZXT.

1.2 You are responsible for maintaining the confidentiality of your account and password. Except to the extent caused by NZXT’s breach of these terms and conditions, you are responsible for all activities that occur under your account regardless of whether the activities are authorised or undertaken by you. For clarity, NZXT is not responsible for unauthorised access to, or use of, your password or account. You must ensure that the details you provide under your account is correct and complete and inform NZXT of any changes to such information.

1.3 If you are under the age of 18 years old:

• a) you may only make purchases or create an account with the involvement of a parent or guardian.
• b) your parent or guardian must review and accept these terms and conditions with you.
• c) your parent or guardian guarantee the performance of your obligations under these terms and conditions.

1.4 You may not use any Products or Services:

• d) for fraudulent purposes, or in connection with a criminal or other unlawful activity, or
• e) in any manner that is not permitted under these terms and conditions.

1.5 NZXT reserve the right to take action on your account, including without limitation by

• a) refusing service,
• b) suspending or restricting access to your account,
• c) terminating your account.

1.6 NZXT reserve the right to determine in NZXT’s sole discretion what conduct NZXT consider to be an improper use an account and a violation of these terms and conditions. Without limiting the forgoing, you agree that you will not:

• a) violate any applicable laws;
• b) access or tamper with non-public areas of a Product, NZXT’s computer systems, or the systems of NZXT’s technical providers;
• c) access or search the Products by any means other than the currently available published interfaces;
• d) use any robot, spider, crawler, scraper or other automated device, means, or process not provided or authorised NZXT to access the Products, copy material, or extract data. (Crawling is allowed if done in accordance with the provisions of NZXT’s robots.txt file.);
• e) circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Product or third-parties;
• f) improperly use support or complaint functions or make false reports to NZXT’s staff;
• g) attempt to obtain or phish for, a password, account information, or other private information; or
• h) promote, encourage or take part in any prohibited activity, described above.

1.7 NZXT will store personal, non-personal, and other information about collected about you in accordance with its Privacy Policy.

1.8 NZXT may communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through your account. You consent to receive communications from NZXT electronically and agree that communications provided to you electronically satisfy any legal requirement that such communications be in writing.

2 Products

2.1 Unless expressly indicated otherwise, NZXT is not the manufacturer of the Products. While NZXT work to ensure that Product information on NZXT’s website is correct, Products and any related materials may be different from that displayed on the NZXT website.

2.2 All information about the Products on the NZXT website is provided for information purposes only and NZXT’s sole liability in the event any incorrect Product information will be to accept a return of the Product in accordance with the Warranty Policy and your statutory rights.

2.3 NZXT recommend that You do not rely solely on the information presented on the NZXT website. You should always read labels, warnings and directions provided with the Product before use.

2.4 Should your Product come with software, you are responsible for the acceptance of, and compliance with, any terms and conditions communicated to you via such software.

2.5 NZXT may need to automatically update some software to keep the Product functioning properly. This may include bug fixes, patches, enhanced features, missing plug-ins and new versions. By using the Products, you agree to such automatic updates.

3 Services

3.1 All information about the Services on the NZXT website is provided for information purposes only and NZXT’s sole liability in the event any incorrect Service information will be to accept a return in accordance with the Warranty Policy, Shipping Policy and your statutory rights.

4 Fees and Payment

4.1 NZXT may accept various forms of payment, including credit and debit cards, and payments made through third party service providers. Additional terms with your payment provider may apply.

4.2 To the extent that payments to be made by you are subject to a sales tax, consumption tax or a withholding tax (including GST) the amount of such tax will be shown as a separate item at checkout and will be added to the fee.

4.3 NZXT reserve the right to refuse or cancel orders at any time and in NZXT’s sole discretion.

4.4 Your use of the Products may incur charges from third parties for use of data. You accept responsibility for such charges.

4.5 Certain equipment and software may required to access and use some Products. You are solely responsible for any fees, costs, taxes, equipment, and software that may be required to utilise the Products.

5 Intellectual Property Rights

5.1 NZXT or the relevant manufacturer of the Products retain all Intellectual Property Rights in the Products.

5.2 You grant to NZXT a royalty free, non-exclusive, perpetual, world-wide licence to use any improvements proposed, or other suggestions made, by you in respect of the Products or Services.

5.3 In this clause Intellectual Property Rights means all current and future intellectual property rights including copyright, trademarks, designs, patents, including any application or right to apply for registration of any such rights whether created before or after the date of these terms and conditions, and whether registered or unregistered, existing in Australia or otherwise.

6 Confidentiality

6.1 You acknowledge that the Products may contain valuable trade secrets and proprietary information owned by NZXT or the Product manufacturers. You agree not to disclose such trade secrets and to take reasonable measures to safeguard the confidentiality of such trade secrets.

6.2 Because NZXT would be irreparably damaged if this section were not specifically enforced, You agree that NZXT shall be entitled to appropriate equitable measures, without bond, other security or proof of damages, with respect to breaches hereof, in addition to such other remedies as NZXT may otherwise have under applicable law.

7 Indemnity

7.1 You indemnify and hold harmless NZXT, its suppliers, their respective affiliates and their respective officers, directors, employees, representatives, agents, successors and assigns from and against any and all Loss arising from any:

• a) investigation by any Government Agency;
• b) internal investigation; and/or
• c) civil, legislative, administrative, regulatory or criminal proceeding(s), commenced or asserted against NZXT arising from, related to or in connection with:
• i) any act or omission by you or anyone acting on your behalf that violates any applicable Law; and
• ii) any breach by you (or anyone acting on its behalf) of any provision of these terms and conditions.

7.2 In this clause Loss includes any liability, damage, costs (including legal costs on a lawyer and own client basis) and other outgoing, and any diminution in value of, or deficiency of any kind, in anything.

8 Liability and Warranties

8.1 Unless otherwise stated in writing, such as in the Warranty Policy, NZXT disclaims, and does not make, any representation or warranty of any kind in respect of any Product or Service you purchase.

8.2 Further, NZXT will not be responsible for:

• a) any loss arising from the unavailability of any Product or Service;
• b) losses that were not caused by any breach of these terms and conditions by NZXT;
• c) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure;
• d) any Indirect Loss; or
• e) any delay or failure to comply with NZXT’s obligations under these terms and conditions if the delay or failure arises from any Excusable Event, as outline in clause 9.

8.3 In this clause Indirect Loss means Losses which do not arise naturally (that is, according to the usual course of things) from the relevant breach of these terms and conditions (including loss of profits or revenue, loss of goodwill or reputation, loss of anticipated benefits or savings, loss of any prospect or business opportunity, loss of production or other business interruption loss.

8.4 To the fullest extent permitted by law, NZXT will not be liable to you for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with its use of the Products and/or Services other than:

• a) loss or damage which it is unlawful to exclude; or
• b) loss or damage caused by the gross negligence, fraud or wilful default of NZXT or any of its officers, employees or agents.

8.5 The total and aggregate liability of NZXT for loss suffered or sustained by you in connection with these terms and conditions:

• a) whether arising as a result of breach of contract, in tort (including negligence) or under statute; and
• b) whether or not arising pursuant to an indemnity in these terms and conditions,
• is limited:
• c) in those cases where the law (including the Australian Consumer Law) restricts NZXT’s ability to limit its liability to:

i) supplying its Products and/or Services again; or ii) the payment of the cost of having those services supplied again; and

• d) in all other cases to the sum of the Fees paid by you and received by for the relevant Products and/or Services.

9 Excusable Events

9.1 NZXT will not be liable or responsible and is not in breach of these terms and conditions, as a result of any failure or delay on NZXT’s part in fulfilling or performing any term of these terms and conditions when and to the extent such failure or delay is caused by or results from acts beyond the NZXT’s reasonable control (each an Excusable Event).

9.2 An Excusable Event includes without limitation: strikes, lock-outs or other industrial disputes (whether involving the workforce of NZXT or a third party), trespassing, sabotage, theft or other criminal acts, cyber-attacks, failure of energy sources or transport network, acts of God, export bans, sanctions and other government actions, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, explosions, collapse of building structures, fires, floods, storms, earthquakes, epidemics, pandemics or similar events, natural disasters or extreme adverse weather conditions.

9.3 If an Excusable Event occurs, NZXT will use reasonable efforts to mitigate against the effects of such Excusable Event.

10 General

10.1 No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this agreement or any party of it.

10.2 NZXT reserves the right to update these terms and conditions from time to time, including for the purpose of staying up to date with legal requirements or business reasons. When NZXT make changes, they will be effective immediately. You should keep track of whether changes have been made to these terms and conditions by referring to the date of publication at the end of this page. If you use make purchases following any amendment to these terms and conditions then you will be taken to have agreed to comply with the terms and conditions as changed.

10.3 Any failure or delay to exercise any right provided in these terms and conditions shall not be a waiver of prior or subsequent rights.

10.4 These terms and conditions are governed by and are to be construed in accordance with the laws applicable in Victoria, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria, Australia.

10.5 If any of these terms and conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

If NZXT is required to give notice to you, NZXT will do so by means of a general notice on this page of NZXT’s website or by email to the email address provided by you via your account (if you have created an account). If you are required under these terms and conditions to give notice to NZXT, you can do so by means of email to: privacy@nzxt.com or by registered post, postage prepaid, or overnight courier to NZXT 1/26 laser drive, rowville, Victoria 3178.

May 25 2021

NZXT Australia Pty Ltd | Purchase Terms and Conditions