Terms & Services

Welcome to The Outmaker. The Outmaker is proud to be associated with excellence. Theoutmaker.com website, the mobile platform, and any related applications are collectively referred to as the "The Outmaker Hub," with each element individually recognized as a "Hub."

By engaging with any part of The Outmaker Hub and its associated services and products, whether for making service requests or applying for financing options to acquire services and products, you hereby consent to comply with the following Terms of Service ("Terms"). These Terms also apply when establishing an account, making purchases as a guest, or logging into any portion of The Outmaker Hub.

Please be aware that additional or separate terms may apply when interacting with other websites affiliated with The Outmaker, as well as any Best Buy websites, Best Buy or Geek Squad® locations, and when utilizing specific services or features offered on The Outmaker Hub, such as service reviews. In case of any inconsistencies between these Terms and any additional terms, the provisions of the additional terms shall prevail.

References to "Best Buy," "The Outmaker," "our," "we," or "us" may encompass The Outmaker Inc., Best Buy Co., Inc., BestBuy.com, LLC, Best Buy Stores, L.P., BBY Solutions, Inc., Best Buy Enterprise Services, Inc., and their affiliates, subsidiaries, and authorized representatives.

We reserve the right to make modifications to any aspect of The Outmaker Hub and the Terms. It is your responsibility to periodically review the Terms for any updates or changes. If you do not concur with the Terms, we advise refraining from using The Outmaker Hub.

Privacy

Your utilization of The Outmaker is governed by our Privacy Policy at The Outmaker. We encourage you to review this policy for comprehensive insights into how we gather and employ information.

Information on Our Platform

At The Outmaker Hub, we are committed to providing the most accurate information possible. We will diligently strive to present the true characteristics of the services and products we offer. While we endeavor to provide precise product descriptions and content, we do not guarantee absolute accuracy, completeness, or error-free content. Prices and promotional offers are subject to change and may differ from those available in our physical locations. The availability and pricing of items cannot be confirmed until your order is placed. In spite of our earnest efforts, there may be occasions when an item in our catalog is unavailable, an offer has been inaccurately conveyed, or an item is mispriced. Under any of these circumstances, we may opt to cancel your order or reach out to you for further instructions.

How We Collect Your Information

We collect a variety of personal information, which may include the following:

Your name.
Your address.
Your date of birth.
Your telephone number(s).
Your e-mail address.
Payment information.
Financial information, such as your bank account details.
Transaction information.
Your user name and password.
Details about your earnings (if you are buying products using a finance plan).
Information contained on identification documents (such as driving licenses), and in specific cases, copies of such identification documents, when needed for identity verification.
Information on how you use The Outmaker Australia's products and services.
Your Internet Protocol (“IP”) address, server address, domain name, and information on your browsing activity when visiting one of their websites.
Your user name for social networking sites that you use in connection with their goods and services, as well as your personal preferences regarding products and services.

When you order goods or services from The Outmaker Australia, whether it's done online, in-store, or over the telephone.
When you collect goods that you have ordered, including pickups from The Outmaker Australia's warehouse or storeroom.
When you create an account with The Outmaker Australia.
When you make purchases of specific products or extended warranties.
When you buy goods on lay-by or "duty-free" goods.
When you make payments by cheque.
When you request a refund or exchange of a product.
When you subscribe to catalogues, mailing lists, or subscription services, either from The Outmaker Australia or its partners.
When you engage in transactions involving second-hand goods, whether selling or buying.
When you participate in competitions or promotions organized by The Outmaker Australia.
When you provide your details for customer care purposes.
When you browse The Outmaker Australia's websites (further details provided in their Privacy Policy).
When you submit enquiries through their websites.
When you complete surveys, provide online feedback, or write product reviews.
When you publicly comment about The Outmaker Australia on social media platforms, allowing them to address your inquiries and comments.
Through closed-circuit video cameras located in their stores when you visit their physical locations.

Most commonly, The Outmaker collects personal information directly from individuals. However, they may also hold information incidentally related to individuals who work for companies or organizations that have a business relationship with The Outmaker USA. Additionally, when applying for a job with The Outmaker USA, they may collect personal information from third parties listed as references in job applications.

Personal information collected is stored in various ways, including within customer records and electronic documents stored on information technology systems and servers operated by third-party service providers. Hard copy documents containing personal information are securely stored at The Outmaker Australia'ss premises, and they also use third-party document management and archiving services for this purpose.

Order Confirmation

The order confirmation you receive from us is not a confirmation of acceptance of your order or an offer to sell. After receiving your order, we reserve the right to accept, decline, or place limits on your order for various reasons. These limitations may apply on a per-person, per-household, per-order, or other basis. If we decide to reject, limit, or make modifications to your order, we will make reasonable efforts to notify you through the email address you provided. In cases where we cancel an order or part of an order for which you have already been charged, we will provide a full refund for the canceled portion of the order.

Proprietary Rights

All content available on or comprising The Outmaker Properties, including information, data, software, photographs, graphics, videos, typefaces, music, sounds, and other materials (collectively "Content"), is protected by copyright, trademark, patent, and other proprietary rights. These rights are valid and safeguarded in all forms, media, and technologies, both existing and developed in the future. The Content is protected as a collective work under applicable copyright laws, and The Outmaker maintains full copyright to the selection, coordination, arrangement, and enhancement of all Content.

You are prohibited from removing or modifying any copyright, trademark, or other proprietary notice contained within the Content you use. You may not alter, copy, post, broadcast, scrape, frame, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease, or rental of, create derivative works from, or exploit any part of the Content in any way, either in whole or in part.

The logos and trademarks of The Outmaker Properties are the property of their respective owners and are either owned by, licensed to, or used with permission by The Outmaker. These trademarks and logos may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

User Generated Content: Reviews, Comments, Communications, and Other Content

You can engage with The Outmaker Properties in various ways, including leaving reviews and ratings, sharing videos, asking questions, providing testimonials, and communicating via email. By sharing information or materials with us (excluding order information sent via email or phone), you grant The Outmaker a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute your content worldwide through any media. This includes allowing The Outmaker to feature text, images, and videos shared via social media platforms (e.g., Facebook™, Twitter™, Instagram™, Pinterest™) or submitted through our Reviews and Ratings system. Additionally, you grant us the right to use the name and social media handle associated with the content you share.

When sharing content with us, you must disclose any affiliations you have and ensure that your content does not contain harmful computer code, reference other websites, or include false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing material.

Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)

If you suspect that your copyrighted material has been infringed, please provide written notification to The Outmaker Copyright Agent, including the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed exclusive right.
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are involved, a representative list of these works.
Sufficient information to enable us to locate the allegedly infringing material, including specific details like the web address (URL).
Your contact information, such as address, telephone number, and email address.
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are authorized to act on behalf of the copyright owner.

CREDIT-RELATED INFORMATION

WE GATHERED

Applicant's Personal Details:

Full name.
Date of birth.
Gender (sex).
Current residential address, corresponding to the information on their driver's license.
Employer's details.
Driver's license number.

Credit Application Information:

Name of the third party credit provider.
Type of credit applied for.
Date when the credit application is submitted and approved.
Terms and conditions associated with the applied credit, including repayment terms.
The maximum credit amount available under the consumer credit applied for.
Expiry date of the credit.

Disclaimers and Limitation of Liability

The outmaker provides its services, website, and all information, content, and other material made available through the outmaker on an "As is" and "As available" basis. We make no representation or warranty that the outmaker services will meet your requirements, or that they will be uninterrupted, secure, or error-free.The outmaker will not be liable for any indirect, incidental, or consequential damages arising from your use of the outmaker services, or any product or service purchased through the outmaker. The limitations set forth in this section will not limit or exclude liability for personal injury or property damage caused by products you purchase through the outmaker or the outmaker's gross negligence, intentional, willful, reckless or malicious misconduct, or fraud.

The outmaker will not be liable for any indirect, incidental, or Consequential damages arising from your use of the outmaker Services, or any product or service purchased through the outmaker. The limitations set forth in this section will not limit or exclude Liability for personal injury or property damage caused by products You purchase through the outmaker or the outmaker's gross Negligence, intentional, willful, reckless or malicious misconduct, Or fraud.

Security

You are solely responsible for safeguarding the confidentiality of your account and password and for controlling access to your computer or device. Under no circumstances should you share your account credentials with others. The use of The Outmaker Properties is strictly for lawful purposes. Prohibited activities include, but are not limited to, any form of tampering with The Outmaker Properties, misrepresenting user identity, engaging in fraudulent activities, or using purchasing agents.

You must not breach or attempt to breach the security of The Outmaker Properties. This includes, but is not limited to, (a) accessing data not intended for you or logging onto a server or an account without proper authorization; (b) using any of The Outmaker Properties for purposes other than their intended use or attempting to alter their behavior; (c) probing, scanning, or testing system or network vulnerabilities or attempting to circumvent security or authentication measures without authorization; (d) interfering with the service for any user, host, or network, such as through the submission of viruses, overloading, "flooding," "spamming," "mailbombing," or "crashing"; (e) falsifying any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) misrepresenting communications on behalf of The Outmaker (impersonating The Outmaker) or to any of The Outmaker Properties (impersonating as a legitimate user). Sending unsolicited or unauthorized email on behalf of The Outmaker, which includes promotional content and advertising of products or services, is strictly prohibited.

Any violation of these Terms may result in legal prosecution to the fullest extent of the law. You may not employ any device, software, routine, or data to interfere with, or attempt to interfere with, the proper functioning of any of The Outmaker Properties or any activities taking place on these properties. Using or attempting to use any engine, software, tool, agent, data, or other device or mechanism (including, but not limited to, browsers, spiders, robots, avatars, or intelligent agents) to explore or search any of The Outmaker Properties, other than the search engine and search agents we provide, and widely available browsers, is also strictly prohibited.

Dispute Resolution through Binding Individual Arbitration

Any dispute between you and the outmaker or any of its agents must be resolved through individual arbitration, except as follows:

Any dispute falling within the jurisdictional scope and amount of an appropriate small claims court must be brought in small claims court on an individual basis; and any dispute to seek to enjoin infringement or other misuse of intellectual property rights may be brought in any court of competent jurisdiction.

The term "Dispute" is broadly interpreted and encompasses any claim or controversy arising from or related to your interaction or relationship with The Outmaker, its agents, and its current and future subsidiaries, affiliates, and designees. This includes, but is not limited to, your use of The Outmaker's websites, membership in loyalty or rewards programs, receipt of services, communication, application for financing, and the purchase of products or services. If you are a member of a loyalty program, this also includes disputes that arose before or after your enrollment or the termination of the program.

By agreeing to arbitration, you understand and agree that you are waiving your right to pursue other available resolution processes, such as a court action or administrative proceeding, to settle disputes. The rules in arbitration are different, and there is no judge or jury. Arbitrators can award the same damages and relief as a court.

Before initiating an arbitration proceeding, you and The Outmaker agree to make a good faith effort to resolve the Dispute informally for 60 days, unless extended by mutual agreement. If you plan to initiate an arbitration proceeding, you must send a fully completed Notice of Dispute (the "Notice") to The Outmaker. The Notice must include your contact information and a description of your Dispute. If The Outmaker intends to initiate arbitration, it will notify you using your contact information. If the Dispute is not resolved within 60 days, you or The Outmaker may proceed with individual arbitration.

If the Parties cannot resolve the Dispute informally, either Party may initiate arbitration by sending a demand to the selected arbitration provider, describing the nature and basis of the claim and including all required information. The arbitration will be governed by the arbitration provider's rules and will be administered by the provider. The Parties will be responsible for their own attorney's fees and costs, unless otherwise authorized by law or the arbitrator finds that a claim was frivolous or brought for an improper purpose. The arbitrator may apply the provisions of Federal Rule of Civil Procedure 68 after entry of the award.

You and the outmaker agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any class, consolidated, private attorney general, or representative proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Further, the arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.

If a court determines that a claim for public injunctive relief may not be waived, the Parties agree that any claim for public injunctive relief shall be stayed pending arbitration of the remaining claims. If this paragraph is found unenforceable, the entire dispute resolution provision (except for the jury trial waiver) shall be null and void.

This paragraph includes additional procedures for mass arbitrations, involving coordination of similar claims. If you have a claim coordinated with others, additional procedures may apply, and the resolution of your Dispute could be delayed.

If for any reason a claim may proceed in court instead of arbitration, you and the outmaker waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim will be decided by a judge, not a jury.

This dispute resolution provision is governed by the Federal Arbitration Act and survives any termination, cancellation, or participation in any membership programs or subscription services and your relationship with The Outmaker. Amendments to this dispute resolution provision will not affect any ongoing arbitration proceeding.

Termination of Use

The Outmaker reserves the right to, at its sole discretion, terminate your account or your access to The Outmaker Properties at any time. You will be held personally responsible for any orders you have placed or charges you have incurred before the termination. We retain the authority to modify, suspend, or cease any or all aspects of The Outmaker Property without prior notice.

GOVERNING LAW

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