JB Hi-Fi Tech Care+ Plan Terms and Conditions

With a JB Hi-Fi Tech Care+ Plan, JB Hi-Fi aims to help you get the most out of your new tablet or laptop (each, a “Device”). There are two different types of JB Hi-Fi Tech Care+ Plans: Tech Care+ Any Reason Replacement Plans and Tech Care+ Any Reason Refresh Plans. In addition to your existing rights under JB Hi-Fi’s Voluntary Warranty and the Australian Consumer Law, the Plans also include a warranty guarantee for the duration of your Plan to cover any mechanical or electrical faults you may experience with your Device. JB Hi-Fi Tech Care+ Plan is not an insurance product and is not issued by an insurer authorised by the Australian Prudential Regulation Authority.

1. Definitions

1. Administrator means SquareTrade Australia Pty Ltd ABN 52 631 111 861;
   Approved Range means the range of laptops and tablets, as determined by JB Hi-Fi and the Administrator, that are eligible for purchase with a JB Hi-Fi Tech Care+ Plan;
   Business Day means a day which is not a Saturday, Sunday or public holiday in Melbourne, Victoria;
   Commencement Date means:

   1. if you take possession of the Device on the date on which you purchased it, the date shown on your Receipt; or
   2. if your Device is being delivered or you are collecting your Device on a date later than the date of purchase, that later date.

   Device means the laptop or tablet device purchased from JB Hi-Fi and registered to your JB Hi-Fi Tech Care+ Plan and, where the context requires, any Device supplied by the Administrator in connection with this Plan;
   Device Returns Centre means the Administrator’s device returns centre (as advised to you by the Administrator from time to time);
   Force Majeure Event means any act of God, natural disaster, pandemic, war, revolution or any other unlawful act against public order or authority, an industrial dispute including strike or other labour disturbances, a governmental restraint, or a shortage or unavailability of goods or transportation outside of the reasonable control of JB Hi-Fi or the Administrator (as applicable);
   JB Hi-Fi means JB Hi-Fi Group Pty Ltd ABN 37 093 114 286;
   JB Hi-Fi Tech Care+ Plan or Plan means the particular JB Hi-Fi Tech Care+ Plan you purchase for your Device, which is covered by these terms and conditions;
   JB Hi-Fi Voluntary Warranty means JB Hi-Fi Refunds & Warranties Policy, available from www.jbhifi.com.au/pages/refunds-and-warranties-guide;
   Mechanical or Electrical Failure means a sudden or unforeseen failure of your Device arising from a mechanical or electrical fault, including as a result of normal wear and tear and normal deterioration. It does not include any failure described in clauses 14.4 and 14.5.
   Personal Information means personal information within the meaning given to that term in the Privacy Act 1988 (Cth);
   Plan Fee means the cost of the JB Hi-Fi Tech Care+ Plan as set out in your Receipt;
   Plan Term means the three (3) year duration of your JB Hi-Fi Tech Care+ Plan, starting on the Commencement Date;
   Receipt means the receipt for the purchase of your Device, which outlines:

   1. the type of JB Hi-Fi Tech Care+ Plan you have purchased;
   2. the Plan Fee; and
   3. the agreed Service Fee.

   Replacement Device means a refurbished laptop or tablet device that is of the same make and model as your Device. A ‘refurbished’ device may be (a) a new device with cosmetic imperfections; (b) a near new device returned for change of mind; (c) a second hand device that has been refreshed; or (d) a device that has had it’s package damaged;
   Return Deadline has the meaning given by clause 10;
   Service Fee means the fee for the applicable JB Hi-Fi Tech Care+ Plan set out in your Receipt;
   Specified Damage means if the Device has experienced any of the following:

   1. cracks;
   2. scratches;
   3. dents;
   4. water damage;
   5. broken components; or
   6. missing parts.

   you, your means the customer who has purchased this JB Hi-Fi Tech Care+ Plan.

2. About this JB Hi-Fi Tech Care+ Plan

1. The JB Hi-Fi Tech Care+ Plan is a service product provided by JB Hi-Fi and administered by the Administrator.
2. The JB Hi-Fi Tech Care+ Plan is designed to provide you with service support for your Device.
3. Even if you do not buy a JB Hi-Fi Tech Care+ Plan:
   1. Your Device comes with certain rights under the Australian Consumer Law which cannot be excluded. See the ‘Important notice given under the Australian Consumer Law’ in clause 4 below. Your rights under this JB Hi-Fi Tech Care+ Plan are in addition to your rights under the Australian Consumer Law.
   2. Your Device comes with the benefit of a JB Hi-Fi Voluntary Warranty. Your rights under this JB Hi-Fi Tech Care+ Plan are in addition to your rights under the JB Hi-Fi Voluntary Warranty.

6. Pricing for a JB Hi-Fi Tech Care+ Plan

1. At the time you purchase your Device and indicate that you wish to purchase a JB Hi-Fi Tech Care+ Plan, you will be provided with a quote (or, in some cases, two quotes) for the Plan Fee and the corresponding Service Fee for that Plan Fee.
2. Once you have selected your Plan Fee and agreed to the corresponding Service Fee, these Fees will be outlined in your Receipt.

7. Purchasing a JB Hi-Fi Tech Care+ Plan

1. To purchase a JB Hi-Fi Tech Care+ Plan, you need to:
   1. buy a new Device in the Approved Range on an outright basis (and pay for the Device in full) from JB Hi-Fi;
   2. at the time of purchasing the Device, request that a JB Hi-Fi Tech Care+ Plan is added for that Device;
   3. provide JB Hi-Fi with a mobile phone number and a valid email address to which notices can be sent in connection with your JB Hi-Fi Tech Care+ Plan. These details will be provided to the Administrator; and
   4. pay the Plan Fee to JB Hi-Fi at the time you purchase your JB Hi-Fi Tech Care+ Plan.
2. If you have purchased this JB Hi-Fi Tech Care+ Plan at any time after the date of purchase of your Device with an intent to attach it to your Device, the Plan will not be valid and will be automatically cancelled and you will receive a refund of the Plan Fee.

8. Cancellation of JB Hi-Fi Tech Care+ Plan

1. You are entitled to a 15-day cooling off period, starting on the date you purchase your JB Hi-Fi Tech Care+ Plan. During this cooling off period, you can cancel your JB Hi-Fi Tech Care+ Plan and get a full refund, provided you have not submitted a service request.
2. If JB Hi-Fi provides you with notice under clause 16.4 of any variation to these terms and conditions, you are entitled to cancel your JB Hi-Fi Tech Care+ Plan (even if the cooling off period has expired) by contacting JB Hi-Fi at 1300 746 752. You must cancel within 15 days of JB Hi-Fi providing you with such notice. You will receive a pro rata refund of the Plan Fee reflecting the number of days left in the unexpired portion of your Plan Term after the date on which you cancel your JB Hi-Fi Tech Care+ Plan.
3. If you return your Device to JB Hi-Fi or the manufacturer and are provided with a refund for your Device under JB Hi-Fi Voluntary Warranty, the Australian Consumer Law or the manufacturer’s warranty for your Device, then you will be entitled to request JB Hi-Fi to cancel your JB Hi-Fi Tech Care+ Plan and you will receive a pro rata refund of the Plan Fee reflecting the number of days in the unexpired portion of your Plan Term after the date on which you returned your Device.
4. JB Hi-Fi may cancel your JB Hi-Fi Tech Care+ Plan with immediate effect by providing written notice to you if:
   1. you breach any of these terms and, if the breach is remediable, have not remedied that breach within 14 days of JB Hi-Fi asking you to do so;
   2. you breach these terms and the breach is not capable of remedy;
   3. JB Hi-Fi reasonably suspect that you, or someone else, has engaged in fraud or criminal activity in relation to your JB Hi-Fi Tech Care+ Plan and/or the Device. To assess whether this is the case, JB Hi-Fi may ask you to give us relevant information, including a copy of your driver’s licence, other identity information or a statutory declaration; or
5. JB Hi-Fi may also cancel your JB Hi-Fi Tech Care+ Plan if it does not have the required information, or has received inaccurate information from you about you or your Device, with the result that JB Hi-Fi is unable to complete the registration of your Device for your JB Hi-Fi Tech Care+ Plan.
6. If JB Hi-Fi requires additional information and, having made reasonable efforts, is unsuccessful in its attempts to contact you to obtain or clarify information about you, then you will not be able to access the features of your JB Hi-Fi Tech Care+ Plan, and JB Hi-Fi will need to cancel your JB Hi-Fi Tech Care+ Plan. In the event JB Hi-Fi must cancel your Plan, JB Hi-Fi will contact you by email and provide a full refund.

9. Making a service request

1. In order to make a service request, you can:
   1. file an online service request at squaretrade.com.au; or
   2. call the Administrator at 1800 430 831. You cannot make a service request by contacting JB Hi-Fi or visiting a JB Hi-Fi store.
2. In order to make a service request, your JB Hi-Fi Tech Care+ Plan must be current (and not expired or cancelled). You will need to advise the Administrator of your location within Australia in order to determine the most suitable options to fulfil your service request.
3. You cannot make a service request if your Device has been lost or stolen. To be eligible to make a service request, you must be able to return your Device to the Administrator.
4. In order to be eligible to receive a service under any aspect of any JB Hi-Fi Tech Care+ Plan, your Device must (i) not have any non-genuine parts; and (ii) must not have been repaired, altered or modified. You must also prepare your device in accordance with clause 11.2. You may be charged additional fees if the Device is disabled, locked or IMEI blocked or does not have all genuine parts. These fees will be equivalent to the labour cost of putting the Device in the condition referred to in clause 11.2, as determined by the Administrator acting reasonably. If a Device is used in a manner not in accordance with the manufacturer’s instructions or for a purpose that is not the purpose reasonably inferable from information made available about the Device, you will not be entitled to any refresh, repair or replacement of the Device under the Plan.

10. Payment of Service Fee

1. Upon lodgement of a service request under an Any Reason Replacement Tech Care+ Plan or an Any Reason Refresh Tech Care+ Plan, you must make payment to the Administrator of the Service Fee.
2. You will not be entitled to a service under this Plan (and JB Hi-Fi and the Administrator will not be bound by any service conditions) until you have paid the Service Fee.
3. Your Service Fee must be paid by credit card or debit card.
4. In lodging a replacement service request and payment of the Service Fee for an Any Reason Replacement Plan, you authorise the Administrator to charge a security pre-authorisation charge to your credit card. This charge will be reversed upon the return of your Device in accordance with clauses 11 and 13.1.

11. Returning your Device

1. Upon lodgement of your service request, the Administrator will provide you with an Australia Post return shipping label. You will then need to take your Device to Australia Post, where they will provide pre-paid packaging for return of the Device to the Device Returns Centre advised by the Administrator. This is at no cost to you.
2. Before returning your Device to the Administrator as part of your service request, you must:
   1. remove the SIM card (if your Device includes that functionality) and any personal and confidential information from your Device; and
   2. disable all activation or Device locking features and reset your Device to factory settings; and
   3. ensure your Device is not disabled, locked or IMEI blocked.
3. Where you have submitted a service request, the services will result in loss/deletion of any user-generated data on your Device. You will need to back-up your data including, without limitation, files on a computer hard drive, photos, telephone numbers, stored songs or games. All data on your Device will be deleted once it is submitted to our authorised repair agent for repair.
4. You cannot return your Device to a JB Hi-Fi Store.

12. Service Commitments

1. In the case of a service request for a refresh under an Any Reason Refresh Plan or a repair for a Mechanical or Electrical Failure under the Warranty Guarantee, the Administrator will complete the refresh or repair of your Device (as the case may be) within 5 Business Days from the date the Administrator receives your Device. Your Device will be returned to you after the refresh or repair has been completed, which will be subject to the Australia Post delivery times.

13. Additional Terms for Any Reason Replacement Plan Service Requests

1. If you lodge a replacement service request with JB Hi-Fi and have paid to the Administrator the Service Fee:
   1. you warrant that you are the owner of the Device and are able to transfer ownership of your Device to the Administrator free of any third-party interests (which the Administrator may require you to confirm to them in writing); and
   2. you must return your Device in accordance with clause 11 within 5 Business Days of your receipt of the Replacement Device (Return Deadline).
2. If your Device has not been received by the Administrator by the Return Deadline, an amount equal to the cost of your Replacement Device will be charged to the credit card used for the payment of your Service Fee. If the Administrator is unable to take payment from your credit card, the Administrator may seek to otherwise recover payment of the cost of your Replacement Device from you.
3. After completion of the steps referred to in clause 9, clause 10 and clause 13.1:
   1. the Administrator will provide you with a Replacement Device;
   2. upon receipt of your Device by the Administrator at its Device Returns Centre, any SIM card or personal data you have not removed from the Device will be destroyed.
4. Full title and interest in your Device will transfer to the Administrator upon the later of payment of the Service Fee and the Administrator’s receipt of your Device. If you make a replacement service request and receive a Replacement Device, that Replacement Device will automatically become your Device for the purposes of your JB Hi-Fi Tech Care+ Plan. The JB Hi-Fi Tech Plan will continue to apply to the Replacement Device, as if it was your original Device.

14. Additional terms relating to the warranty guarantee

Device Assessment

1. If you make a service request under the warranty guarantee, the Administrator will assess your Device to determine whether the Device is experiencing Mechanical or Electrical Failure. If the Device is found to be experiencing Mechanical or Electrical Failure, it will be repaired (or, at the discretion of the Administrator, replaced). If the Device is not found to be experiencing Mechanical or Electrical Failure but has experienced physical damage (including Specified Damage), the Administrator will contact you to give you the option to pay the Service Fee for either a refresh or replacement (as the case may be) under your JB Hi-Fi Tech Care+ Plan. If you do not have any remaining service requests for a refresh or replacement, your Device will be returned to you.

No Lemon Guarantee

2. If a particular Device has been the subject of two separate and distinct repairs for Electrical and/or Mechanical Failure that are covered and claimed during the Plan Term and a further repair is required, the Administrator will replace that Device after an assessment has been made by the Administrator, the fault is confirmed and the issue the subject of the service request is covered by the warranty guarantee. The Replacement Device will automatically become your Device for the purposes of your JB Hi-Fi Tech Care+ Plan. The JB Hi-Fi Tech Plan will continue to apply to the Replacement Device, as if it was your original Device

Mechanical or Electrical Failure from reasonable wear and tear

3. As well as any Mechanical or Electrical Failure resulting from a manufacturing defect, your Device is also covered under the Warranty Guarantee for a Mechanical or Electrical Failure arising from reasonable wear and tear that:
   1. develops during use of your Device;
   2. arises solely from the normal and intended use of your Device; and
   3. is not the result of any external influence such as physical impact, electrical surge or liquid penetration.

Excluded faults

4. The warranty guarantee under your JB Hi-Fi Tech Care+ Plan does not cover:
1. a fault or deficiency in operation, quality or appearance in your Device brought to your attention before you purchased your Device; or
2. faults caused by:
1. negligence, accidental damage, accidental or deliberate misuse or unauthorised alterations;
2. failure to follow the manufacturer’s instructions for usage, installation, operation or maintenance;
3. external sources, including electrical interference, electrical storm damage, power surges and voltage fluctuations;
4. infestations of vermin, pests or insects; (v) acts of God or man-made catastrophes;
5. water damage, rust, corrosion or any other issues caused by weather; and
6. software, firmware upgrades and computer viruses.

Excluded repairs

5. The warranty guarantee under your JB Hi-Fi Tech Care+ Plan does not cover: The warranty guarantee under your JB Hi-Fi Tech Care+ Plan does not cover repairs to:
1. fix cosmetic damage, such as paint or finishing, dents or scratches, which do not affect the operation of your Device;
2. accessories used in or with your Device;
3. cartridges, tapes, software, or add-on options incorporated in your Device; or
4. data or removable data mediums caused by the Mechanical or Electrical Failure of your Device.

Excluded costs, loss and damage

6. The warranty guarantee under your JB Hi-Fi Tech Care+ Plan does not cover the following costs, loss or damage:
   1. cost of replacement of any item or accessory, either external or internal, that is intended to be replaceable including fuses, rechargeable batteries, light bulbs, fluorescent tubes and related starters, filters, attachments, cables, plugs, or similar perishable or consumable parts;
   2. loss, damage or costs resulting from Devices being lost, stolen or otherwise irretrievable; (c). loss, damage or costs incurred as a result of:
   1. damage to hardware which does not originate from a Mechanical or Electrical Failure, such as failure originating from,
   2. viruses, application programs, network drivers, source code, object code or proprietary data, or any support, configuration,
   3. installation or reinstallation of any software or data;
   4. damage from batteries or other consumables, internal or external to your Device; any use of your Device contrary to the manufacturer’s instructions or any failure to maintain your Device in accordance with the manufacturer’s instructions;
   5. loss, damage or costs incurred where no Mechanical or Electrical Failure is identified;
   6. any Mechanical or Electrical Failure of your Device if it is recalled by the manufacturer, importer or a government agency;
   7. any claim against you by any third party including for personal injury or damage to property; or
   8. any claim by you for personal injury or damage to property.
7. We will not be liable under this JB Hi-Fi Tech Care+ Plan where your Device’s serial number has been removed or is illegible.
8. Please note that, despite any exclusions in these terms and conditions, you may still have statutory rights (including, without limitation, under the Australian Consumer Law, in certain circumstances.

Worldwide Cover

9. Your Device is covered under the Warranty Guarantee worldwide whilst it is in your possession. However, you may be required to locate a suitable and convenient repairer if outside Australia. You may be required to pay for repairs while outside Australia, in which case we will reimburse you to the extent to which you are entitled to cover under your JB Hi-Fi Tech Care+ Plan. We will require a quotation in advance and proof of service as part of the claim process. Whilst overseas please visit the Administrator’s website (www.squaretrade.com.au) for assistance.

15. Privacy

1. JB Hi-Fi will collect Personal Information from you for the purposes of issuing your JB Hi-Fi Tech Care+ Plans to you. JB Hi-Fi will disclose this information to the Administrator for the purposes of allowing the Administrator to perform its obligations under these terms and conditions in relation to your JB Hi-Fi Tech Care+ Plans.
2. You acknowledge and agree that JB Hi-Fi may also use any such Personal Information collected from you for the purposes of marketing its products and services to you (unless you opt-out of marketing) and otherwise in accordance with its privacy policy (available at https://www.jbhifi.com.au/pages/privacy-policy), as may be updated from time to time.
3. The Administrator may collect Personal Information from you when you make a service request.
4. You acknowledge and agree that the Administrator will use and disclose any such Personal Information for the purposes of performing its obligations under these terms and conditions in relation to your JB Hi-Fi Tech Care+ Plans.
5. The Administrator will disclose any such Personal Information to JB Hi-Fi for the purposes of allowing JB Hi-Fi to perform its obligations in connection with your JB Hi-Fi Tech Care+ Plans.

16. Other matters

1. The JB Hi-Fi Tech Care+ Plan is not an insurance policy, nor are JB Hi-Fi or the Administrator insurers. The Plan is a warranty and service product provided by JB Hi-Fi Group Pty Limited ABN 37 093 114 286. JB Hi-Fi has entered into a separate services and administration agreement with the Administrator. Please ensure that you keep your original purchase receipt and/or Tax Invoice to describe and validate your purchase of both your Device and this JB Hi-Fi Tech Care+ Plan. These documents constitute proof of the purchase of your JB Hi-Fi Tech Care+ Plan. In the event of a claim these documents may need to be produced. A separate JB Hi-Fi Tech Care+ Plan must be purchased for each Device. If you have purchased more than one Device on the same purchase receipt, then the JB Hi-Fi Tech Care+ Plan will only cover the Device specifically described on the purchase receipt and/ or tax invoice as being covered by a JB Hi-Fi Tech Care+ Plan with a separate itemisation of its cost.
2. Your Plan is non-transferrable. The only party entitled to the benefit of a Plan is the individual registered on the Plan at the date of purchase.
3. No party to these terms and conditions will be in default or breach of these terms and conditions to the extent they are prevented or otherwise are unable to perform its obligations under these terms and conditions as a result of the effects of any Force Majeure Event. Any party affected by Force Majeure will, acting in good faith, take all reasonable steps to mitigate the effects of the Force Majeure Event as soon as practicable.
4. JB Hi-Fi may vary these terms and conditions by providing not less than 30 days’ written notice to you by email, to the extent reasonably necessary to protect its legitimate interests, including where JB Hi-Fi reasonably believes that it is not able to provide certain features to you (including as a result of events occurring after you purchase your JB Hi-Fi Tech Care+ Plan). If JB Hi-Fi varies the terms of the JB Hi-Fi Tech Care+ Plan, you have a right to cancel your plan in accordance with clause 8.2.
5. These terms and conditions are governed by the laws of the state of Victoria, Australia. Each of the parties to these terms and conditions submit to the exclusive jurisdiction of the courts of the state of Victoria, Australia and the courts having jurisdiction to hear appeals from such courts.