JB Hi-Fi Tech Care+ Fleet Plan Terms and Conditions

With a JB Hi-Fi Tech Care+ Fleet Plan, JB Hi-Fi aims to help you get the most out of your new tablet or laptop (each, a “Device”). In addition to your existing rights under JB Hi-Fi’s Voluntary Warranty and the Australian Consumer Law, the Plan also includes 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+ Fleet Plan is not an insurance product and is not issued by an insurer authorised by the Australian Prudential Regulation Authority.

a. In order to be eligible to purchase this Plan for your Device, in the same transaction as the purchase of the Device and this Plan, you must purchase at least 199 other devices in the Approved Range and purchase Tech Care+ Fleet Plans to accompany each of those devices (“Eligibility Criteria”).

Part A of these Terms and Conditions applies to all Plans that meet the Eligibility Criteria.

Part B of these Terms and Conditions only applies if at least 50 of those 199 other Devices comprising the Device Fleet are of the same make and model as the Device.

PART A – General Terms

1. Definitions

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+ Fleet Plan;

Business Day means a day which is not a Saturday, Sunday or public holiday in Melbourne, Victoria;

Commencement Date means the date you take possession of the Device.

Device means the laptop or tablet device purchased from JB Hi-Fi and registered to your JB Hi-Fi Tech Care+ Fleet Plan and, where the context requires, any Device supplied by the Administrator in connection with this Plan;

Device Fleet has the meaning set out in clause 7.1;

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+ Fleet Plan or Plan means, where the context so requires:

(a). this JB Hi-Fi Tech Care+ Fleet Plan that you purchase for your Device, which is covered by these terms and conditions; or

(b). a JB Hi-Fi Tech Care+ Fleet Plan that has been purchased for a device in your Device Fleet, which is covered by the same terms and conditions to 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+ Fleet Plan as set out in your Receipt;

Plan Term means the three (3) year duration of your JB Hi-Fi Tech Care+ Fleet Plan, starting on the Commencement Date;

Receipt means the receipt for the purchase of your Device, which outlines:

(a). the JB Hi-Fi Tech Care+ Fleet Plan you have purchased;

(b). the Plan Fee; and

(c). the agreed Service Fee.

Replacement Device means a laptop or tablet device that is of the same make and model as your Device (or, if the same make and model is not available, a similar make and model);

Return Deadline has the meaning given by clause 10;

Service Fee means the applicable fee for this JB Hi-Fi Tech Care+ Fleet Plan set out in your Receipt;

Specified Damage means if the Device has experienced any of the following:

a. cracks;

b. scratches;

c. dents;

d. water damage;

e. broken components; or

f. missing parts.

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

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

2.1. The JB Hi-Fi Tech Care+ Fleet Plan is a service product provided by JB Hi-Fi and administered by the Administrator.

2.2. The JB Hi-Fi Tech Care+ Fleet Plan is designed to provide you with service support for your Device.

2.3. Even if you do not buy a JB Hi-Fi Tech Care+ Fleet Plan:

a) 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+ Fleet Plan are in addition to your rights under the Australian Consumer Law.

b) Your Device comes with the benefit of a JB Hi-Fi Voluntary Warranty. Your rights under this JB Hi-Fi Tech Care+ Fleet Plan are in addition to your rights under the JB Hi-Fi Voluntary Warranty.

3. Important note regarding faulty products and service requests

3.1. If your Device is faulty, in addition to the rights you have under this Plan to contact the Administrator, you are always able to contact JB Hi-Fi to check whether you are entitled to a refund, replacement or repair of your Device under the Australian Consumer Law or JB Hi-Fi Voluntary Warranty.

3.2. You can do this by contacting JB Hi-Fi on 1300 746 752 or by submitting an enquiry via the “Contact JB Hi-Fi” feature of JB Hi-Fi website https://productcare.jbeducation.com.au/s/home.

4. Important Notices Given under the Australian Consumer Law

Consumer Guarantees

4.1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

4.2. In the event that you are provided with a Replacement Device under the terms of this JB Hi-Fi Tech Care+ Fleet Plan, in addition to the rights and remedies to which you may be entitled under the Australian Consumer Law, any other Australian law and under the terms of any manufacturer’s warranty that comes with your Replacement Device, you will have coverage under the warranty guarantee as set out in section 15 of this Plan.

The JB Hi-Fi Tech Care+ Fleet Plan provides additional benefits to you not available under the Australian Consumer Law. JB Hi-Fi appreciates that you may want the certainty of knowing that, if your Device is faulty, it is covered for a specific time period. When you purchase a JB Hi-Fi Tech Care+ Fleet Plan, you are obtaining certainty as to the period of coverage, the service you will receive and the convenience of having the repair or refresh process managed for you by the Administrator. You are also covered for any damage to your Device, which is not within the scope of the Consumer Guarantees under the Australian Consumer Law.

5. JB Hi-Fi Tech Care+ Fleet Plan Features

(a). JB Hi-Fi Tech Care+ Any Reason Plan

(i) During the Plan Term, upon making a service request, you may have your Device refreshed by the Administrator at any time for any reason, including in the instance of Specified Damage.

(ii) Your submission of a service request is a commitment by you to pay the applicable Service Fee once invoiced by the Administrator.

(iii) You will not be provided with a replacement or loan product while your Device is being assessed and serviced.

(iv) When making a service request, the following will occur:

a. your Device will be fully tested and diagnosed to identify any technical issues;

b. any parts on your Device, including the battery, that are not working or are broken will be repaired or replaced as applicable;

c. if your battery life is lower than 80% capacity, the battery will be swapped for a new one;

d. your Device will be cleaned including the removal of all stickers;

e. all data will be removed and the Device will be factory reset; and

f. your Device will be wiped down to remove any surface dirt and any ports will be cleared of dirt and fluff.

(iv) You may make unlimited service requests during the Plan Term.

(v) In its absolute discretion, the Administrator may choose to replace your Device with a Replacement Device instead of providing a Refresh service. In such circumstances, your Device will not be returned to you.

(vi) Except in relation to claims made under clause 14.8, you will not be reimbursed for any loss or costs incurred by you or any other person acting on your behalf to repair or replace your Device. The Administrator manages all services (including with third parties) under this Tech Care+ Fleet Plan on behalf of JB Hi-Fi.

(b). Warranty Guarantee

This Tech Care+ Fleet Plan includes a warranty guarantee. This warranty guarantee provides certainty that all Mechanical and Electrical Failure experienced by a Device supplied in connection with this Plan will be repaired by the Administrator for no Service Fee for the Plan Term subject to the terms and conditions of this Plan. This coverage is in addition to the rights you may have under the JB Hi-Fi Voluntary Warranty and the Australian Consumer Law.

During the Plan Term, if your Device suffers a Mechanical or Electrical Failure, the Administrator will pay for the parts, labour and service fees required for your Device to be repaired to normal working order, subject to the terms and conditions of this Plan.

In its absolute discretion, the Administrator may choose to replace your Device with a Replacement Device instead of providing a repair service under the warranty guarantee. In such circumstances, your Device will not be returned to you.

The warranty guarantee cover requires you to return your Device to the Administrator in the same manner as a service request following the process outlined in clause 11.

Additional conditions relating to the warranty guarantee are set out in clause 14.

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

6.1. At the time you purchase your Device and indicate that you wish to purchase a Tech Care+ Fleet Plan, you will be provided with a quote for the Plan Fee and the corresponding Service Fee for that Plan Fee.

6.2. 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+ Fleet Plan

7.1. To purchase a JB Hi-Fi Tech Care+ Fleet Plan, you need to:

(a). buy a new Device in the Approved Range on an outright basis (and pay for the Device in full) from JB Hi-Fi;

(b). in the same transaction buy at least 199 other devices in the Approved Range (“Device Fleet”), and Tech Care+ Fleet Plans in relation to each device in the Device Fleet;

(c). at the time of purchasing the Device, request that a JB Hi-Fi Tech Care+ Fleet Plan is added for that Device;

(d). 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+ Fleet Plan. These details will be provided to the Administrator; and

(e). pay the Plan Fee to JB Hi-Fi at the time you purchase your JB Hi-Fi Tech Care+ Fleet Plan.

7.2. If you have purchased this JB Hi-Fi Tech Care+ Fleet Plan at any time after the date you take possession of 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+ Fleet Plan

8.1. You are entitled to a 15-day cooling off period, starting on the date you purchase your JB Hi-Fi Tech Care+ Fleet Plan. During this cooling off period, you can cancel your JB Hi-Fi Tech Care+ Fleet Plan and get a full refund, provided you have not submitted a service request.

8.2. 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+ Fleet 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+ Fleet Plan.

8.3. 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+ Fleet 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.

8.4. JB Hi-Fi may cancel your JB Hi-Fi Tech Care+ Fleet Plan with immediate effect by providing written notice to you if:

(a). 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;

(b). you breach these terms and the breach is not capable of remedy;

(c). 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+ Fleet 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

(d). you cancel any of the Tech Care+ Fleet Plans for any device(s) in your Device Fleet that brings your total Device Fleet to below 200 devices in total.

8.5. JB Hi-Fi may also cancel your JB Hi-Fi Tech Care+ Fleet 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+ Fleet Plan.

8.6. 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+ Fleet Plan, and JB Hi-Fi will need to cancel your JB Hi-Fi Tech Care+ Fleet 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

9.1. In order to make a service request, you can:

(a). file an online service request at squaretrade.com.au; or

(b). 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.

9.2. In order to make a service request, your JB Hi-Fi Tech Care+ Fleet 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.

9.3. 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.

9.4. In order to be eligible to receive a service under any aspect of this JB Hi-Fi Tech Care+ Fleet Plan, your Device must (i) not have any non-genuine parts; and (ii) must not have been repaired, altered or modified other than by the Administrator, JB Hi-Fi, the manufacturer or any of their authorised representatives. 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.

9.5. 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 a service request of the Device under the Plan.

10. Payment of Service Fee

10.1. Your lodgement of a service request under this Tech Care+ Fleet Plan constitutes agreement that you will pay the Service Fee to the Administrator within 30 days from the date you receive an invoice from the Administrator.

10.2. You may receive a consolidated invoice that contains the Service Fees under this Plan, along with the other Service Fees payable in relation to Plans for other devices in the Device Fleet.

10.3. 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) if you have invoices that are due and payable that remain unpaid.

10.4. Your Service Fee must be paid via electronic funds transfer.

11. Returning your Device

11.1. Upon lodgement of your service request, you and the Administrator will agree on the best method to send your Device to the Administrator. The options will be:

(a). the Administrator will provide you with a prepaid courier return shipping label for you to apply to a package for your Device and provide it to the Administrator’s courier, where it will be shipped to the Device Returns Centre advised by the Administrator (at no cost to you); or

(b). you will take your Device to the Device Returns Centre during normal business hours.

11.2. Before returning your Device to the Administrator as part of your service request, you must:

(a). remove the SIM card (if your Device includes that functionality) and any personal and confidential information from your Device; and

(b). disable all activation or Device locking features and reset your Device to factory settings; and

(c) ensure your Device is not disabled, locked or IMEI blocked.

11.3. 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.

11.4. You cannot return your Device to a JB Hi-Fi Store.

12. Service Commitments

The Administrator will complete the service of your Device within 5 Business Days from the date the Administrator receives your Device. Your Device will be returned to you after the service has been completed, which will be subject to the courier delivery times.

13. Replacement of Device

13.1. If the Administrator elects, in its absolute discretion, to provide you with a Replacement Device, full title and interest in your Device will transfer to the Administrator upon your receipt of the Replacement Device. The Replacement Device you receive will automatically become your Device for the purposes of your JB Hi-Fi Tech Care+ Fleet Plan and the Plan will continue to apply to the Replacement Device, as if it was your original Device.

13.2. If the Administrator decides to keep your Device and send you a Replacement Device, 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).

13.3. 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.

14. Additional terms relating to the warranty guarantee

14.1. Device Assessment: 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 under your JB Hi-Fi Tech Care+ Fleet Plan.

14.2. No Lemon Guarantee: 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+ Fleet Plan. The JB Hi-Fi Tech Plan will continue to apply to the Replacement Device, as if it was your original Device.

14.3. Mechanical or Electrical Failure from reasonable wear and tear: 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:

(a). develops during use of your Device;

(b). arises solely from the normal and intended use of your Device; and

(c). is not the result of any external influence such as physical impact, electrical surge or liquid penetration.

14.4. Excluded faults: The warranty guarantee under your JB Hi-Fi Tech Care+ Fleet Plan does not cover:

(a). a fault or deficiency in operation, quality or appearance in your Device brought to your attention before you purchased your Device; or

(b). faults caused by:

(i) negligence, accidental damage, accidental or deliberate misuse or unauthorised alterations;

(ii) failure to follow the manufacturer’s instructions for usage, installation, operation or maintenance;

(iii) external sources, including electrical interference, electrical storm damage, power surges and voltage fluctuations;

(iv) infestations of vermin, pests or insects;

(v) acts of God or man-made catastrophes;

(vi) water damage, rust, corrosion or any other issues caused by weather; and

(vii) software, firmware upgrades and computer viruses.

14.5. Excluded repairs: The warranty guarantee under your JB Hi-Fi Tech Care+ Fleet Plan does not cover repairs to:

(a). fix cosmetic damage, such as paint or finishing, dents or scratches, which do not affect the operation of your Device;

(b). accessories used in or with your Device;

(c). cartridges, tapes, software, or add-on options incorporated in your Device; or

(d). data or removable data mediums caused by the Mechanical or Electrical Failure of your Device.

14.6. Excluded costs, loss and damage: The warranty guarantee under your JB Hi-Fi Tech Care+ Fleet Plan does not cover the following costs, loss or damage:

(a). 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;

(b). loss, damage or costs resulting from Devices being lost, stolen or otherwise irretrievable;

(c). loss, damage or costs incurred as a result of:

(i) damage to hardware which does not originate from a Mechanical or Electrical Failure, such as failure originating from, viruses, application programs, network drivers, source code, object code or proprietary data, or any support, configuration, installation or reinstallation of any software or data;

(ii) damage from batteries or other consumables, internal or external to your Device;

(iii) 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;

(iv) loss, damage or costs incurred where no Mechanical or Electrical Failure is identified;

(v) any Mechanical or Electrical Failure of your Device if it is recalled by the manufacturer, importer or a government agency;

(vi) any claim against you by any third party including for personal injury or damage to property; or

(vii) any claim by you for personal injury or damage to property.

14.7. We will not be liable under this JB Hi-Fi Tech Care+ Fleet Plan where your Device’s serial number has been removed or is illegible.

14.8. 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.

14.9. Worldwide Cover: 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+ Fleet 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

15.1. JB Hi-Fi will collect Personal Information from you for the purposes of issuing your JB Hi-Fi Tech Care+ Fleet Plan 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+ Fleet Plan.

15.2. 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.

15.3. The Administrator may collect Personal Information from you when you make a service request.

15.4. 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+ Fleet Plan.

15.5. 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+ Fleet Plan.

16. Other matters

16.1. The JB Hi-Fi Tech Care+ Fleet 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+ Fleet Plan. These documents constitute proof of the purchase of your JB Hi-Fi Tech Care+ Fleet Plan. In the event of a claim these documents may need to be produced. A separate JB Hi-Fi Tech Care+ Fleet 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+        Fleet Plans will only cover the Devices specifically described on the purchase receipt and/ or tax invoice as being covered by a JB Hi-Fi Tech Care+ Fleet Plans. Any additional Devices listed in a receipt that do not have a corresponding Plan are not covered by this Tech Care+ Fleet Plan.

16.2. Your Plan is non-transferrable. The only party entitled to the benefit of a Plan is the entity registered on the Plan at the date of purchase.

16.3. 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.

16.4. 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+ Fleet Plan). If JB Hi-Fi varies the terms of the JB Hi-Fi Tech Care+ Fleet Plan, you have a right to cancel your plan in accordance with clause 8.2.

16.5. 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.

PART B – Loan Pool Terms

17. Loan pool eligibility

17.1. To be eligible to receive the features in this Part B, at least 50 of the devices in your Device Fleet must be the same make and model (Eligible Loan Pool Devices). If this criteria is not met in relation to your transaction, then Part B will not apply to your Plan.

18. Loan pool devices

18.1. At the time of purchasing your Device Fleet and Plans for each device in the Device Fleet, the Administrator will provide to you with the number of devices that represent 2% of the number of Eligible Loan Pool Devices to the nearest whole number (Loan Pool Devices).

18.2. The Loan Pool Devices will only be comprised of a make and model of devices corresponding to those Eligible Loan Pool Devices.

18.3. The Loan Pool Devices are and shall remain the property of the Administrator. Title in the Loan Pool Devices remains with the Administrator and risk in the Loan Pool Devices transfers to you upon you taking possession.

18.4. Your rights set out in this Part B relate to your Device Fleet as a whole and are not cumulative across Plans.

19. Use of loan pool

19.1. The purpose of the provision of the Loan Pool Devices is to allow you to offer advance exchange to end users so that they are not without a device while their device is undergoing a service. Neither the Administrator or JB Hi-Fi warrant that the Loan Pool Devices will prevent end users being without a device at times.

19.2. To utilise a Loan Pool Device, you must:

(a). make a service request in accordance with Part A of these Terms and Conditions; and

(b). return the covered Device the subject of the service request to the Administrator in accordance with Part A of these Terms and Conditions.

19.3. Once the service request is complete, the device will be returned to you in accordance with Part A of these Plan Terms and Conditions.

20. Service Fee

20.1. The Administrator will invoice you for the Service Fee for the service request in the same manner as set out in Part A of these Terms and Conditions.

21. Service Requests for Loan Pool Devices

21.1. This clause relates to service requests on Loan Pool Devices.

21.2. During the Plan Term, upon making a service request, you may have your Loan Pool Device refreshed by the Administrator at any time for any reason, including in the instance of Specified Damage.

21.3. During the Plan Term, if a Loan Pool Device suffers a Mechanical or Electrical Failure, the Administrator will pay for the parts, labour and service fees required for the Loan Pool Device to be repaired to normal working order, subject to the terms and conditions of this Plan.

21.4. Service Requests for Loan Pool Devices are to be made by you in the same manner as set out in Part A of these Terms and Conditions, however the Service Fee on service requests for Loan Pool Devices will always be:

(a). $65 for Tablets; and

(b). $150 for Laptops.

21.5. Service Fees for Loan Pool Devices will be invoiced in accordance with the process set out Part A of these Terms and Conditions.

22.Return of Loan Pool Devices

22.1. You must return the Loan Pool Devices, or devices of the same make and model as the Loan Pool Devices, prior to expiration of the Plan to the Administrator in good working order and free from damage. If the returned Loan Pool Devices (or any of them) are not in good working order, you must pay the Administrator the Service Fee outlined in clause 21.4.

22.2. If you do not return to the Administrator the Loan Pool Devices (or any of them) at the end of the Plan Term, or you return the Loan Pool Devices (or any of them) after expiration of the Plan,  the Administrator will invoice you an amount equal to the cost of replacing the Loan Pool Devices that are not returned.