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TERMS OF SERVICE

OVERVIEW

This website is operated by Synnex Australia Pty Ltd(ABN40 052 285 882)trading as Synlogistics. Throughout the site, the terms “we”, “us” and “our” refer to Synlogistics. Synlogistics offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the website or use the Service or any other services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website, but no change to these Terms of Service will apply to an Order that you have already submitted. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. PLACING ORDERS FOR GOODS

1.1 An Order submitted by you is an offer by you to purchase the goods displayed on this website(“Goods”) for the price plus the delivery charge as shown at the time of submission of your Order and any applicable additional delivery charge.

1.2 Synlogisticsreserve the right to accept or reject your Order for any reason at any time.

1.3 If your Order is not accepted by Synlogistics, Synlogistics will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.

1.4 Each Order you place will, if accepted by Synlogistics, be a separate and binding contractbetween you and Synlogisticswith respect to the supply of the relevant Goods, in accordance with these Terms of Service.

1.5 Order will be deemed to have been received by Synlogisticsat the time Synlogistics sends an Order confirmation to your nominated e-mail address.It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

1.6 Where you have provided an incorrect or incomplete delivery address for your Order, Synlogisticsmay charge a redelivery fee for each subsequent delivery attempt.

1.7 If you place consecutive or separate Orders, Synlogisticscannot consolidate separate Orders into one delivery. A separate Delivery Fee, if applicable, will apply to each Order.

2. AVAILABILITY OF GOODS

2.1 Availability of items is subject to change without notice.

2.2 Backorder occurs when Goods are out of stock or are unavailable and Synlogisticsmay not be able to fulfil all or part of your Order. When backorders occur, we will notify you the estimated time of arrival (ETA) by email or phone.However, please note that these ETAs are estimates instead of guaranteed. Once your backorder stocks are arrived, Goods would be shipped out for you as soon as possible. No additional shipping fees will be charged for back orders.

2.3 Synlogisticsmay withdraw or suspend from sale any Goods displayed on the website at any time and without notice, either temporarily or permanently.Synlogistics will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Goods.

2.4 Where Goods which are the subject of an Order have been withdrawn or suspended from sale and your payment for the Goods has already been processed, we will arrange for a full refund of any payment made by you for those Goods. Clause 6 of these Terms of Service sets out further information about refunds.

3. PRICE AND PAYMENT

3.1 Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges.

3.2 We reserve the right to change the prices of Goods at any time without notice.

3.3 Payments must be made via Synlogistics nominated payment gateways in our website and will be subject to any terms and conditions of these providers.

3.4 If your nominated payment method triggers our fraud prevention protocols, we may contact you and require additional verification or information before accepting any Order. Your Order will not be fulfilleduntil it has passed our fraud prevention protocols. If you do not provide the requested information within 7 days, your Order will be cancelled and your payment will be refunded back to you via the same payment platform and method that you used to pay for your Order.

3.5 All payments must be made in full prior to delivery.If your payment cannot be processed, your Order will be rejected and you will be notified of this.

3.6 In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

4. POSTAGE AND DELIVERY

4.1 Synlogistcsendeavours to make sure that all Goods are delivered in a prompt and timely manner. However, it is possible that shipping and other factors outside of our control may sometimes result in Goods delivery delays. Once Goods are dispatched, it is your responsibility to check with the courier nominated by us in relation to date and time of delivery. Risk and title in Goods pass to you on the date and time of delivery of the Goods to the delivery address provided in your Order. Synlogistcs is not responsible for the delivery time of Goods.

4.2 All deliveries require signatures. Where you provide written authority for Goods delivered without a signature, any included insurance cover will be voided.

4.3 Synlogistcs reserves the right not to ship to certain remote or rural locations.

4.4 A standard freight will be charged for your Order. And additional freight charges for non-standard shipping might be applicable.

5. ORDER CANCELLATIONS AND RETURNS

5.1 You should check your Goods as soon as they are delivered to you to ensure that Goods received are what you ordered and not damaged nor faulty. If this is not the case, you should contact Synlogistcsimmediately.

5.2 Where your Order is cancelled after acceptance, an e-mail of the Order cancellation would be sent out to you. Where we cancelled your Order after payment has been processed, we will arrange for a full refund of any payment made by you. Clause 6 of these Terms of Service sets out further information about refunds.

5.3 Any return of a product to Synlogistcsmust be proceed with the following steps: (a) Place a Return Request via this link: https://store.netgear.com.au/contact; (b) A Returns form would be received by your side from Netgear Returns team; (c) Please complete the form and send back via email to ras@au.synnex-grp.com; (d) Netgear Returns team will connect with you to discuss the request and provide you with an RA (Returns Authorisation) number.

5.4 To ensure prompt issue of an RA number, please complete all details required on the form: (a) All Goods returned to Synlogistics must have an RA Number printed clearly and visible outside the box (do not write directly on any cartons containing DOA items); (b) All Goods returned without a valid RA Number will be rejected and returned to sender; (c) All credit RA Numbers are valid for fourteen (14) days from date of issue, any expired RA Numbers will necessitate reapplying for a new RA Number; (d) All gGoods returned for warranty must have a specific fault description (e.g. FAULTY, NOT WORKING or DOA are general descriptions and NOT acceptable). All RA Goods return must be securely and properly packed to prevent Goods from being damaged during transit and handling.

5.5 Synlogistics will cover the cost of delivery via Australia Post for Goods return. You will be provided with a link to the Returns website. Print off the Returns label and organise drop off to your nearest Australia Post Office. More details procedures about Goods return, please refer our Returns Policy which forms part of these Terms of Service.

5.6 The issue of an RA Number does NOT constitute a guarantee of acceptance by Synlogistics. Synlogistics reserves the right to reject any RA item if the condition of the Goods received is deemed by Synlogistics to be unacceptabledue to circumstances caused by you. Rejection of Goods (including DOA items) may apply to items returned in poor physical condition, damaged, or with missing accessories.

5.7 Synlogistcs will endeavour to make sure that returnisprocessedand refund is initiated within 10 business days once return deliveryisreceived byNetgear Returns team. Synlogistcs shall not be liable for any delay caused by circumstances beyond the reasonable control of Synlogistcs, and Synlogistcsshall be entitled to a reasonable extension of time.

6. REFUNDS

6.1 In all circumstances in which Sylogistics has committed to provide refunds as per these Terms of Service, Synlogistics aims to initiatethe refund to you via the original payment methodand the same payment gatewayprovider, which you paid for your purchasing, within 2 business days following your request. If your Order has been dispatched or delivered, the refund will be initiatedwithin 2 days following the receipt of returned Goods by Synlogistics and subject to its acceptance outlined in these Terms of Service. The timeframe to receive the funds in your account will vary and depend on the time taken by your financial institution and/or payment gateway provider to process the refund.

6.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Synlogistics will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving a refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

7. DISPUTE RESOLUTION

7.1 (i)You may initiate a dispute relating to your payment by contacting your financial institution or payment provider.

(ii) Synlogistics will contact you within a reasonable timeframe to assist you in resolving the dispute and address any concerns you may have. Synlogistics will provide the following information and supporting documents relating to the Order:

• Email correspondence with the email address used while placing the Order including but not limited to the Order confirmation, Tax invoice and Shipping/Order Tracking details

• Proof of delivery of Goods to the delivery address provided when placing the Order

• Any other relevant information to confirm the validity of the Order related to your payment.

(iii) If your payment does relate to an Order placed on the website by you, as verified by the information provided, please acknowledge this via email or this website. Synlogistics will provide all relevant information from the investigation to your financial institution or payment provider including but not limited to details of any communication with you.

7.2 (i) Prior to raising the dispute with yourfinancial institution or payment provider, you may contact Synlogistics via email, phone or through the website to inform us of any dispute relating to your paymentwithin the timeframes below:

• Orders paid by debit/credit cards:Within 120 calendar days of your purchase

• Order paid by PayPal: Within 180 calendar days of your purchase

(ii) If no further communication is received from you within 14 days from the day Synogistics has provided the relevant proof to confirm the validity of the payment, we will consider this as an acknowledgement from you and will proceed to close the dispute case.

7.3 (i) If payment cannot be retrieved from your financial institution or payment provider for a genuine Order you will be requested to organize a payment within 30 calendar days to our nominated bank account via a direct bank transfer or BPAY.

(ii) If payment cannot be retrieved from the customer’s financial institution/payment provider or the Customer upon the request to transfer the funds within 30 calendar days, the Customer shall pay to Synlogistcs costs of and incidentals to the recovery of such sums as may be due, including all mercantile and like fees and legal fees and charges, filing fees, stamp duty, taxes or any other fees payable or incurred in relation to such recovery process. Payment received from the Customer will applied in the following order: cost of recovery of debt, interest on overdue amount, then to the principal debt amount.

8. PERSONAL INFORMATION

Your submission of personal information through the website in respect of your Order is governed by our Privacy Policy. View our Privacy Policy via https://store.netgear.com.au/privacy-policy

9. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your Order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

10. PROHIBITED USES

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

To the extent permitted by law, we do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

To the extent permitted by law, you expressly agree that your use of, or inability to use, the Service is at your sole risk. To the extent permitted by law, the Service and all Goods and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

To the extent permitted by law, in no case shall Synlogistics, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Goods procured using the Service, or for any other claim related in any way to your use of the Service or any Goods or products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Goods or products) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability in some circumstances, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

Nothing in these Terms of Serviceareintended to exclude, restrict or modify any non-excludable guarantee, right or remedy you have under the Australian Consumer Law or similar laws. Any disclaimer, exclusion, or limitation as provided for in these Terms of Service applies to the full extent permitted by Australian Consumer Law and similar laws and is subject to any non-excludable guarantee, right or remedy.

12. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Synlogistics and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

13. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

14. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the agreement constituted by these Terms of Service for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate the agreement constituted by these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

15. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in respect of the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

16. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you with the Services shall be governed by and construed in accordance with the laws of Australia.

17. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. No changes to these Terms of Service will apply to an Order that you have already submitted. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

18. CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at netgearstoreau@netgear.com.