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 TERMS & CONDITIONS

TERMS AND CONDITIONS OF USE AGREEMENT

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

We maintain this web site as a service to our customers. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services, or products from this site.

 

1. Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement is between you and Streakwave Australia (referred to as "Streakwave", "us", or "the Supplier"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, and understandings with respect to the Site, the content, products, or services provided by Streakwave. This Agreement may be amended by us from time to time. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. Copyright and Intellectual Property

The content, organization, graphics, design, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary rights. The copying, redistribution, or publication by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to any content or document viewed through the Site.

3. Authorized Channels and Brand Integrity

3.1 Restriction on On-Selling: The Customer acknowledges that Streakwave is an authorized distributor of specialized technology and is required to maintain the brand integrity and trademark compliance standards set by its manufacturers. The Customer must only sell or display Products through storefronts and digital channels that are owned and operated by the Customer and which comply with all relevant Intellectual Property (IP) and Trademark guidelines.

3.2 Prohibition of Non-Compliant Storefronts: The Customer is strictly prohibited from on-selling, supplying, or diverting Products purchased from Streakwave to any third-party digital storefront or entity that:

  • (a) Uses a manufacturer’s registered trademark (e.g., Ubiquiti, UBNT) within its domain name, URL, or primary business identity without express written authorization;

  • (b) Engages in "passing off" or creates consumer confusion regarding its affiliation with the manufacturer or Streakwave; or

  • (c) Has been flagged by Streakwave or the Manufacturer as non-compliant with global brand guidelines.

3.3 Right of Immediate Termination:Streakwave reserves the right to immediately suspend or terminate supply to the Customer, and any related or associated entities (including those sharing common directors or delivery addresses), if Streakwave has reasonable grounds to believe that Products are being diverted to a non-compliant or unauthorized storefront.

3.4 Audit Rights: To ensure compliance, Streakwave may track serial numbers and delivery addresses. Identifying Products on an unauthorized website shall be deemed a material breach of these Terms, justifying an immediate cessation of all current and future orders.

4. Membership and Fraud

By becoming a member, you confirm that the information provided is true and accurate. Your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms have been violated, or other abuses have occurred as determined by Streakwave in its sole discretion. Streakwave reserves the right to refuse application or readmission to the membership program.

5. Limited Right to Use

The viewing, printing, or downloading of any content from the Site grants you only a limited, non-exclusive license for use solely by you for your own internal business use and not for republication, distribution, or resale.

6. Indemnification

You agree to indemnify and hold Streakwave and our partners, staff, and affiliates harmless from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

7. Disclaimer and Statutory Guarantees

7.1 Mandatory Wording:Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods.7.2 General Disclaimer: Subject to non-excludable statutory guarantees, the information from or through the site is provided "as-is." All other warranties, express or implied, are disclaimed. Streakwave and our affiliated parties have no liability whatsoever for your use of any information or service, except as required by law.

8. Limitation of Liability

To the maximum extent permitted by law, the maximum liability of Streakwave to you under all circumstances will be equal to the purchase price you pay for any goods, services, or information. Streakwave will not be liable for incidental, special, or consequential damages (including loss of profits or business) resulting from the use of or inability to use our Site.

9. Pricing and Errors

Due to the dynamic nature of the industry and currency volatility, prices and availability are subject to change without notice. If an error is made or a product is listed at an incorrect price, Streakwave maintains the right to refuse or cancel any orders placed and refund the amount in a reasonable time.

10. Return Policy

10.1 Order Cancellation: Any order that has reached the "Complete" processing stage but is subsequently cancelled will incur a FLAT $20.00 processing fee. 10.2 Returns for Credit (RMA): * Window: Requests must be received within 7 calendar days of receipt.

  • Restocking Fee: A 20% restocking fee will be deducted from the credited amount.

  • Condition: Items must be sealed and unused in original, undamaged packaging. Unsealed components must be replaced at the customer's expense.

  • Exclusions: Subject to the Australian Consumer Law, returns are not applicable for 'change of mind' requests. All decisions remain at the sole discretion of Streakwave.

11. Governing Law

This Agreement shall be treated as though it were executed and performed in Victoria, Australia, and shall be governed by and construed in accordance with the laws of Victoria