GeekSafe™ Terms and Conditions

This document sets out the Terms and Conditions upon which Seaview Enterprises Limited, trading as Geeks on Wheels, will provide you Services through the GeekSafe™ offerings.

Upon joining GeekSafe™ you agree to be bound by these Terms and Conditions.

DEFINITIONS

1.1 In these Terms and Conditions:

“Computer” refers to any Desktop, All in One, Laptop or Tablet

“Device” refers to any personal technology hardware

“Email” refers to any electronic mail received or sent.

“Forwarded Email” refers to any electronic mail sent to our safe@geeksonwheels.co.nz address by a user.

“Scam” refers to any electronic message that is considered to be malicious in intent.

“Link” refers to a clickable website address that leads to a website when clicked within an email or document.

“GeekSafe™ Remove Service” refers to the over the phone and Remote Access support services offered additionally to the GeekSafe™ subscription.

“GeekSafe™ membership” refers to the GeekSafe™ membership (for an individual for up to 5 email accounts) which is a product designed specifically for domestic use.

“Member” refers to any person who has purchased a GeekSafe™ membership.

“Membership” refers to belonging to the GeekSafe™ subscription service for the specified period.

“Period” refers to the specified length of time from the commencement date for the duration of the Membership.

“Remote Access Support” refers to one of our technical experts may, if necessary, remotely access your computer or device to assess a problem, either to fix it or provide advice on available options to fix it.

“Remotely Accessible Device” refers to your smartphone, tablet, or desktop/laptop computer. Note: Devices must be connected to a reliable broadband internet connection and not all devices are capable of being remotely accessed.

“Services” refers to computer assistance, maintenance and support provided over the phone and through Remote Access Support and (where necessary) via a visit from one of our technicians.

“Session” refers to a period of interaction with our services through email, phone and/or remote access.

“User” refers to any person who uses any GeekSafe™ product or service.

“we”, “us” or “our” refers to the company detailed above trading as Geeks on Wheels.

“your“, “you” refers to the User or Member and includes a duly authorised representative of the User or Member.

SERVICES

2.1. GEEKSAFE™

GeekSafe™ includes the following features:

Email It In – An email service you can send any electronic messages you believe to be a scam and we will, to the best of our ability, offer advice on whether we think there is any scam (malicious) content, and offering advice on the next steps to follow.
Monthly Newsletters – You will receive a monthly newsletter with expert advice on how to help you stay aware of current scams, and signs to recognise and avoid potential scam emails.
Urgent Scam Updates – You will be informed about any new prevalent scams happening that Geeks on Wheels has learnt about, as soon as we learn about them.

2.2 You can utilise the GeekSafe™ Service as often as you like, as long as you are acting within our Fair Use Policy outlined in Section 6.

2.3 You can utilise the Email It In service at any time however the GeekSafe™ Team operates between the hours of 8am – 6pm Monday to Friday. The GeekSafe™ Team does not operate on Saturdays, Sundays or statutory public holidays.

2.4 Upon sending a forwarded email to safe@geeksonwheels.co.nz you will receive an automated reply confirming that we have received your email. If you do not receive this automated reply then you must contact us on 0800 424 335 to go through our Call Centre and follow their next steps.

2.5 When we have received a forwarded email to safe@geeksonwheels.co.nz the GeekSafe™ Team will aim to reply to a query within 4 business hours after the initial auto-reply email.

2.6 To enable us to undertake the Services:

you must honestly and transparently provide us with all information, assistance, and co-operation that we may reasonably require to undertake the Services.
you must be present over the phone while we provide over the phone advice or the GeekSafe™ Remove Services.
our Services are provided in the English language and within New Zealand only.

2.7 We will use all reasonable endeavours to achieve your objectives by providing our Services but we do not guarantee, express or implied the objectives of the email or call will be achieved and we will not be liable for any failure to meet the objectives.

2.8 We will always attempt to answer your forwarded email or call as quickly as possible, however, upon exceptional circumstances of heavy demand, we may have to take your details and call you back which we will make at least one attempt to do within the same day.

GEEKSAFE™ SUBSCRIPTION SERVICES AND EXCLUSIONS

3.1 The GeekSafe™ Subscription Services are available to domestic customers only.

3.2 The GeekSafe™ Subscription Services are not offered to customers with a company name, a trusted name, use within a business, or any other profit or non-profit organization.

3.3 Use of one GeekSafe™ Subscription Membership is limited to the Individual, Couple or Household, and for the Member’s email addresses (up to 5) only as recorded on our system. It cannot be used for friend’s emails or within the workplace.

3.4 Please note the GeekSafe™ Service included in the GeekSafe™ membership may be unable to assist with (including but not limited too):

Hacking Attempts
Post Transfer of Funds
Post Scam Intervention
Network Breaches
Data Breaches
Phone Scams
Cyber Terrorism
Cloned Accounts/Profiles
Identity Theft
Personal Scams (eg Romance Scams, Sextortion Scams etc)

3.5 Memberships are non-transferable, cannot be sold or assigned to any other person, and are non-refundable.

GEEKSAFE™ REMOVE – REMOTE ACCESS SUPPORT

4.1 Where it is agreed to use the GeekSafe™ Remove service, we will be required to use Remote Access Support, and you agree that our technical experts are entitled to access your equipment remotely to provide you with the Services. Remote Access Support is only available in relation to a Remotely Accessible Device. Remote Access Support will be used only where we deem it suitable for your specific Remotely Accessible Device issue. Where we deem appropriate, you agree that our technical expert is entitled to access your Remotely Accessible Device and provide you with the Remote Access Support. All component parts of your Remotely Accessible Device must be fully working and fully assembled. Furthermore, your Remotely Accessible Device must have access and a sustained connection to the internet in order to avail yourself of the Remote Access Support. Depending on your internet connection, speed, and plan we may not be able to provide Remote Access Support over dial-up, rural broadband or mobile internet connections.

4.2 GeekSafe™ Remove will require a unique ‘Code Word’ that we will create and supply to you, which you will then request the remote technician to quote at the beginning of the GeekSafe™ Remove call. When you get called by Geeks on Wheels it is your sole and absolute responsibility to check and authorise acceptance of the code word and the call. If the ‘Code Word’ supplied cannot be stated or is incorrect, then you must hang up on the call immediately and call Geeks on Wheels on 0800 424 335 to inform us of what happened. After the appointment, the unique Code Word will be deleted from our systems.

4.3 GeekSafe™ Remove is not part of the GeekSafe Subscription Service and is an additional charge of $30 and must be paid for before the Remote Access Support Work begins.

4.4 GeekSafe™ Remove will only be used to assess, and delete emails. No additional technical support work will be completed within the GeekSafe™ Remove Service. If additional work is required a different subscription or an onsite technician will be arranged by your GeekSafe™ Remove technician.

CONFIDENTIALITY AND PRIVACY

5.1 All calls are recorded. We will keep a record of all contact and communication including details of your devices and equipment. Your data security and privacy are paramount and very important to us. With your express consent, we will keep a record of your passwords unless and until you request otherwise. In addition to the limitation and exclusion of liability provisions contained within clause 10 of these Terms and Conditions, you expressly acknowledge and agree that we have no responsibility or liability arising out of the use of any password or passwords provided by you, or for any loss or corruption of data, software or hardware that may arise out of the Services.

5.2 We will maintain as secret and confidential all information we obtain from you in providing the Services and will not use that information for any reason other than as necessary for providing the Services. This obligation will not apply to information that is in the public domain or that is known to us or obtained by us without breaching any obligation to you or that we are required to disclose by law.

5.3 You authorise us to collect, retain, use and provide to our staff and agents any personal information about you for the purposes of meeting our obligations to you, marketing, and enforcing our rights against you.

5.4 Email sent to our email address safe@geeksonwheels.co.nz may be forwarded outside of our company to relevant scam security organizations (eg. Cert NZ, Netsafe), and may also be forwarded within the company to other staff members as part of providing the service or updating our scam database and GeekSafe™ customer base.

FAIR USE POLICY

6.1 All Users of the GeekSafe™ Services are subject to this Fair Use Policy.

6.2. The Number of Emails covered under the GeekSafe offerings is limited to what Geeks on Wheels, at its sole discretion, deems as reasonable given each unique set of circumstances.

6.3 Your usage of the GeekSafe™ Services must be fair, reasonable, and not excessive as reasonably determined by us with reference to average and/or estimated typical customer usage of the GeekSafe™ Services. You must not use the Services for unlawful, fraudulent, or otherwise illegal activity.

6.4 If you use our remote access support listed in Clause 5 we reserve the right to restrict the length of time we spend with a Member / User on any particular call having regard to the nature of the issue the Member / User is calling about, the current volumes of calls at the time and the number of calls that Member / User has made within the current week. You acknowledge and agree that except in exceptional circumstances, a single GeekSafe™ ‘GeekSafe™ Remove’ session shall not exceed 10 minutes

6.5 If, in our reasonable opinion, we think your usage of the GeekSafe™ is excessive or otherwise unfair, we may refuse or limit your access to the Services. We consider excessive use to be a continuing and unreasonably disproportionate use of the service when compared to other users.

6.6 We may require that the following steps be followed if we consider a GeekSafe™ Subscription account to be showing excessive use:

Week 1: We may contact individual Members identified as having excessive usage compared with the average typical usage of all GeekSafe™ Subscription Members, to discuss their usage needs. Where a peak in usage occurs but is not expected to continue, no alternative arrangements are necessary.
Week 2: If the excessive usage continues in a second week, we will discuss an alternative plan and may require you to enter into a replacement contract setting out different charges.
Week 3: If the excessive usage continues into the third week, the Member may be informed that their access to the GeekSafe™ Services will be limited, suspended or terminated access altogether.

6.7 If we feel that your usage is so excessive that other Members are detrimentally affected, then we may also limit, suspend or terminate your access.

6.8 If your access to the GeekSafe™ Subscription Services is limited, suspended or terminated altogether under clause 6.6 and/or clause 6.7, your Membership is non-refundable.

WARRANTY

7.1 We warrant that we will always use reasonable skill and care in undertaking the Services.

7.2 All statements, technical information and recommendations made by a manufacturer and/or us about the Services are believed to be reliable, but do not constitute a guarantee or warranty expressed or implied by us to you.

7.3 You warrant that you are authorised to access the use of the computer or devices, software, information or other material made available by you and it will not breach any third party rights.

7.4 Geeks on Wheels will never contact you about a GeekSafe™ email inquiry on any domain other than our own, which are; @geeksonwheels.co.nz and @gow.co.nz. Any emails received outside of those domains are not connected to us and should be ignored or deleted.

LIMITATION OF LIABILITY

8.1 While our email-based technical experts will strive to keep their diagnosis as accurate as possible, there may be a requirement for an on-site or remote technician appointment. Under these circumstances, additional cost may apply at the standard Geeks on Wheels service rates.

8.2 It is your responsibility to have a reliable backup of your data.

8.3 In no event will we be liable to you, other than the extent permitted by law, for:

(a) loss of profits or savings, loss of goodwill or opportunity, loss or corruption of data, or wasted time; or

(b) loss, damage, cost or expense of any kind whatsoever which is indirect, consequential, or of a special nature, arising directly or indirectly from any Services supplied by us to you, even if we had been advised of the possibility of such loss, damage, cost or expense.

8.4 We are not responsible for any losses you may suffer arising from your use of (or failure to use) any anti-virus software

8.5 While Geeks on Wheels will make every effort to ensure that its advice is accurate, the customer acknowledges that it is not possible to determine with absolute certainty whether any communication is, in fact, malicious in nature. The customer agrees that it is entirely responsible for all actions and communication that occurs from any of its devices, and accepts that Geeks on Wheels shall not be liable for any loss that the customer may suffer as a direct or indirect result of relying on any of the advice provided by Geeks on Wheels.

8.5 We are not responsible for any losses if you click on any links within an email, as Geeks on Wheels will never recommend clicking on any link in a forwarded email, but instead will provide relevant feedback and information to assist the customer in making an informed decision

8.6 We are not responsible for any losses you may suffer arising from responding or clicking on any links on an email outside of the Geeks on Wheels domains listed in 7.4

These Terms and Conditions are subject to change at any time and without notice.