Terms of service

TERMS OF SERVICE

OVERVIEW
Welcome to Gus Labs! The terms "we", "us" and "our" refer to Gus Labs. Gus Labs operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Gus Labs is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights, statutory guarantees under the Australian Consumer Law, and limitations of liability. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years of age (the age of majority in your Australian state or territory).

To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete. You are solely responsible for maintaining the security of your account credentials. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS AND CUSTOM BUILDS
We have made every effort to provide an accurate representation of our products. However, PC component appearances (such as RGB lighting or case tints) may differ slightly from how they appear on your screen. Furthermore, due to the nature of custom PC building, minor variations in cable management and internal layout may occur between identical builds.

All descriptions of products are subject to change at any time without notice. We reserve the right to discontinue any product at any time. To protect against malicious bot purchasing, scalping, and commercial resale, we reserve the right to limit the quantities of any products that we offer to any person, household, or geographic region, on a case-by-case basis.

SECTION 3 - ORDERS AND FRAUD PREVENTION
When you place an order, you are making an offer to purchase. Gus Labs reserves the right to accept or decline your order for any reason. Your order is not accepted, and a binding contract of sale is not formed, until Gus Labs dispatches your goods and confirms acceptance.

Fraud Prevention: Given the high value of our computing products, we reserve the right to flag any order for manual fraud review. We may request additional identification (such as a driver's license or utility bill matching the billing address) before processing your order. Failure to provide this within the requested timeframe will result in order cancellation.

Your purchases are subject to return or exchange solely in accordance with our Refund and Warranty Policy. You represent and warrant that your purchases are for personal or household use and not for commercial resale, crypto-mining farms, or export outside of Australia.

SECTION 4 - PRICES AND BILLING
Prices for our products are quoted in Australian Dollars (AUD) and, unless otherwise explicitly stated, are inclusive of Goods and Services Tax (GST). Prices, discounts, and promotions are subject to change without notice. Delivery costs are charged in addition to the product price and will be clearly displayed at checkout.

You agree to provide current, complete and accurate purchase and account information for all purchases. You represent and warrant that the credit card or payment account you use is yours, and that there are sufficient funds to cover the transaction.

SECTION 5 - SHIPPING AND DELIVERY
While we strive to dispatch custom and pre-built PCs within our stated timeframes, all delivery times are estimates only. We are not liable for delays caused by shipping carriers or events outside our reasonable control. Title and risk of loss pass to you upon delivery of the goods to the address you provided at checkout.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, images, graphics, and the design of our custom PC layouts, are owned by Gus Labs and are protected by Australian and international copyright, trademark, and intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, scrape, or distribute any material on the Services without our prior written consent.

SECTION 7 - OPTIONAL TOOLS & THIRD-PARTY LINKS
The Services may contain third-party tools or links to third-party websites (e.g., benchmark software links, component manufacturer specs). We provide these "as is" without warranties. We are not liable for any harm or damages related to your access of any third-party websites or tools.

SECTION 8 - RELATIONSHIP WITH SHOPIFY
Gus Labs is powered by Shopify. However, any sales and purchases you make are made directly with Gus Labs. Shopify is not responsible for any aspect of sales between you and Gus Labs, and you release Shopify from all liabilities arising from your transactions with us.

SECTION 9 - USER FEEDBACK AND REVIEWS
If you submit reviews, feedback, or photos of your PC setup to us, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, publish, and display such content in any medium for promotional purposes. We may monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, or defamatory.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be typographical errors or inaccuracies relating to product descriptions, pricing, or availability. We reserve the right to correct any errors and to cancel orders if any information is inaccurate at any time without prior notice. If your credit card has already been charged for the purchase and your order is cancelled due to a pricing error, we will issue a full refund to your original method of payment.

SECTION 11 - PROHIBITED USES AND BOTS
You may not access or use the Services: (a) for any unlawful purpose; (b) to violate any Australian laws or regulations; (c) to infringe upon our intellectual property; (d) to transmit false or misleading information. Anti-Bot Policy: You strictly agree not to use any robot, spider, scraping software, inventory checkers, automated scripts, or AI tools to access the Services, bypass our security measures, or automate the purchase of high-demand PC components. We reserve the right to instantly cancel any orders suspected of being placed by automated means and ban the associated IP addresses.

SECTION 12 - AUSTRALIAN CONSUMER LAW (WARRANTIES AND LIABILITY)
Nothing in these Terms of Service limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (ACL) (or any liability under them) which by law may not be limited or excluded.

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. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

SECTION 13 - LIMITATION OF LIABILITY
Subject to our obligations under the Australian Consumer Law (Section 12), and to the absolute extent permitted by law, Gus Labs, our directors, employees, and affiliates will not be liable for any direct, indirect, incidental, punitive, or consequential damages (including lost profits, lost data, or loss of gaming/streaming revenue) arising from your use of the Services or any PCs or parts purchased from us.

Where our liability cannot be excluded by law but can be limited, our liability is limited to (at our discretion): the replacement of the goods, the repair of the goods, or the refund of the purchase price.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Gus Labs and our affiliates from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law.

SECTION 15 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. You and Gus Labs consent to the exclusive jurisdiction of the courts located in Victoria to resolve any dispute arising out of these Terms.

SECTION 16 - CHANGES TO TERMS OF SERVICE
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 17 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at admin@guspcs.com.au.


Gus Labs
admin@guspcs.com.au