Last updated: 27/12/2025
1. Introduction
These Terms of Service ("Terms") govern your use of Cyborg Automation's ("we", "us", "our") website, products, and services. By purchasing products or services from us, you agree to be bound by these Terms.
Cyborg Automation AU PTY LTD
ABN 19694329470
ACN: 694329470
Level 10, 440 Collins St, Melbourne VIC 3000
support@cyborgautomation.com.au
2. Definitions
"Customer" or "you" means the person or entity purchasing products or services from us
"Products" means smart home hardware, devices, tablets, sensors, and related equipment
"Services" means installation, configuration, support, and professional services we provide
"DIY Kit" means products sold without professional installation
"Professional Installation" means our complete installation and configuration service
"System" means the complete smart home automation system including hardware and software configuration
"Warranty Period" means the applicable warranty period as outlined in our Return and Refund Policy
3. Acceptance of Terms
By:
Placing an order through our website
Accepting a quotation from us
Receiving our services
Using products we have installed
You confirm that you have read, understood, and agree to these Terms, our Privacy Policy, and our Return and Refund Policy.
If you do not agree to these Terms, do not place an order or use our services.
4. Products and Services
4.1 What We Offer
We provide:
Smart home automation systems (Budget, Premium, Commercial, All-in-One)
Custom PC builds
DIY smart home kits (self-installation)
Professional installation services
System configuration and programming
Technical support and warranty services
4.2 Product Descriptions
We make every effort to accurately describe our products. However:
Product images are for illustration purposes and may differ slightly from actual products
Specifications are subject to change by manufacturers
We are not liable for minor variations in appearance or specifications that do not affect functionality
4.3 Product Availability
Products are subject to availability
We reserve the right to discontinue products or substitute equivalent alternatives with your consent
If a product becomes unavailable after you order, we will contact you to discuss alternatives or provide a full refund
5. Pricing and Payment
5.1 Prices
All prices are in Australian Dollars (AUD) and include GST unless stated otherwise
Prices are subject to change without notice, but orders already placed will honour the price at the time of order
Installation prices are estimates and may vary based on site-specific requirements (we will notify you of any changes before proceeding)
5.2 Payment Terms
For DIY Kits and Products:
Full payment required at time of order
Payment processed through Shopify Payments or other secure payment methods
For Professional Installation Services:
Deposit: 50% deposit required to confirm booking and order equipment
Balance: Remaining 50% due upon completion of installation
Payment methods: Bank transfer, credit/debit card, or as agreed in writing
5.3 Late Payment
If payment is not received within 14 days of the due date, we reserve the right to:
Suspend warranty services until payment is made
Charge interest at the Reserve Bank of Australia Cash Rate plus 5% per annum on overdue amounts (calculated daily)
Engage debt collection services (you will be responsible for collection costs)
6. Orders and Quotations
6.1 Order Acceptance
An order is not confirmed until we send you an order confirmation or accept your quotation
We reserve the right to refuse or cancel any order at our discretion
If we cancel your order, we will provide a full refund of any payments made
6.2 Quotations
Quotations are valid for 30 days unless otherwise stated
Quotations are based on the information you provide and may change if site conditions differ
Custom quotations are binding once you accept them in writing
6.3 Accuracy of Information
You are responsible for providing accurate information including:
Delivery addresses
Property details
System requirements
Site conditions
We are not liable for delays or additional costs resulting from inaccurate information.
7. Professional Installation Services
7.1 Site Requirements
Before installation, you must ensure:
Safe access to the installation site
Adequate power supply and internet connectivity where required
Clear workspace for our installers
Any necessary permissions (landlord approval, body corporate consent, etc.)
7.2 Installation Process
Installation will be scheduled at a mutually agreed time
We will perform installation in a professional and workmanlike manner
All electrical work is performed by licensed electricians in compliance with AS/NZS 3000:2018 (Wiring Rules) and relevant Victorian regulations
Low-voltage work (e.g., Zigbee devices, USB-powered equipment) does not require licensed electricians
Installation includes mounting hardware, running cables (where necessary), configuring systems, and testing
7.3 Delays and Rescheduling
If you need to reschedule an installation, please provide at least 48 hours notice
Rescheduling with less than 48 hours notice may incur a $150 rescheduling fee
We will notify you as soon as possible if we need to reschedule due to unforeseen circumstances
7.4 Site Conditions
If site conditions differ materially from what was described during quotation, additional charges may apply. Examples include:
Unexpected cabling requirements exceeding quoted scope
Structural modifications not disclosed during quotation
Presence of asbestos, lead paint, or other hazardous materials
Lack of required power points, internet connectivity, or adequate electrical capacity
Difficult access requiring special equipment (e.g., scissor lifts)
Requirements to remove/relocate existing equipment
We will provide a written variation quote before proceeding with additional work. You may choose to:
Approve the additional work and cost
Modify the scope to avoid additional cost
Cancel the installation (cancellation fees may apply)
7.5 Completion and Handover
Installation is complete when the system is operational and tested
We will provide a handover session to demonstrate system operation
You will receive documentation including installation details and warranty information
8. DIY Kits
8.1 Self-Installation
DIY kits are sold for self-installation only
You are responsible for installation, configuration, and setup
We provide documentation and basic support, but do not provide on-site installation services for DIY kits
8.2 DIY Support
We provide email and phone support for DIY kit setup
Support does not include on-site visits or hands-on installation assistance
Complex configuration issues may require purchasing professional installation services
8.3 DIY Limitations and Safety Requirements
DIY kits are suitable for low-voltage devices only (USB-powered, battery-powered, and certified plug-in devices)
Electrical work involving mains power (240V AC) MUST be performed by a licensed electrician under Victorian law
Examples requiring licensed electricians:
• Installing or replacing power points, light switches, or hardwired light fixtures
• Running electrical cables through walls or ceilings
• Connecting devices directly to mains power
• Modifying electrical circuits or distribution boards
You are responsible for ensuring all electrical work complies with AS/NZS 3000:2018 and Victorian regulations
We are not responsible for damage, injury, or legal penalties resulting from unlicensed electrical work
DIY kits may have limited warranty coverage compared to professionally installed systems
9. Warranties and Guarantees
9.1 Australian Consumer Law
Our products and services 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.
9.2 Manufacturer's Warranties
In addition to your rights under Australian Consumer Law, we provide manufacturer's warranties as outlined in our Return and Refund Policy:
Premium & All-In-One Systems Include:
- 3 years comprehensive warranty - parts & labour fully covered
- 5 years labour warranty - we fix it, you pay replacement parts at our cost (our direct supplier cost + shipping, no markup)
- Ongoing technical support via phone (business hours) and email*
*Support continues for the life of your system, as long as Cyborg Automation AU remains in business. Business hours: Mon-Fri 9am-5pm AEST
- Priority service response during warranty period
Budget Systems Include:
- 1 year comprehensive warranty
- 2 years labour warranty (parts at cost)
- Ongoing technical support
Optional Care Plans Available:
- Annual maintenance & priority support: $249/year
- Extended full warranty: $299-499/year
9.3 Warranty Claims
Refer to our Return and Refund Policy for full warranty claim procedures.
9.4 Warranty Transfer
Manufacturer's warranties may be transferred to new property owners subject to conditions outlined in our Return and Refund Policy. A transfer fee of $199 applies (covers system inspection and new owner training).
Warranty transfers must be requested within 30 days of property sale and require proof of settlement. The system must not have been modified by third parties.
This applies only to our manufacturer's warranty and does not affect any rights the new owner may have under Australian Consumer Law.
10. Limitation of Liability
10.1 To the Extent Permitted by Law
Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, condition, or remedy implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted, or modified.
10.2 Smart Home System Limitations
We are not liable for:
Internet or power outages affecting system operation
Third-party services or devices (e.g., cloud services going offline, manufacturer discontinuing support)
Software updates or changes by device manufacturers that affect compatibility or functionality
Compatibility issues with devices not supplied or approved by us
Interference from other wireless devices or environmental factors
Unauthorised modifications or changes made by you or third parties
Force majeure events (natural disasters, fires, floods, theft, etc.)
10.3 Consequential Damages
To the maximum extent permitted by law, we are not liable for:
Loss of profits, revenue, or business opportunities
Loss of data or corrupted data
Indirect, incidental, or consequential damages
Damages arising from your use or inability to use the system
10.4 Maximum Liability
Our total liability for any claim related to products or services (excluding liability under Australian Consumer Law) is limited to:
The amount you paid for the specific product or service that gave rise to the claim, or
The cost of re-supplying the product or re-performing the service
11. Privacy and Data Protection
11.1 Your Privacy
Your privacy is important to us. Please review our Privacy Policy for details on how we collect, use, and protect your personal information.
11.2 Smart Home Privacy
We design systems for local control without cloud dependencies where possible
We do not monitor, access, or collect data from your smart home devices after installation
Remote access is only provided with your explicit consent for support purposes
11.3 Third-Party Devices
Some devices may collect and transmit data to manufacturers. We are not responsible for third-party privacy practices. Please review the privacy policies of individual device manufacturers.
12. Intellectual Property
12.1 Our IP
All content on our website, marketing materials, and documentation is owned by or licensed to Cyborg Automation
You may not reproduce, distribute, or create derivative works without our written permission
12.2 Your System Configuration
Open Source Components:
- Home Assistant and other open-source software are governed by their respective licenses (e.g., Apache License 2.0)
- You may freely modify, share, and redistribute open-source components in accordance with their licenses
Our Proprietary Customisations:
- Custom scripts, proprietary integrations, and unique automations developed specifically for your system remain our intellectual property
- You receive a non-exclusive, non-transferable licence to use these customisations at the installed location
- You may not resell, redistribute, or commercially exploit our proprietary customisations without written permission
General Configurations:
- Standard Home Assistant configurations (dashboards, automations using built-in features) are yours to use, modify, and share freely
12.3 Open Source Software
Our systems use open source software (e.g., Home Assistant)
Open source components are subject to their respective licenses (e.g., Apache License 2.0)
You may modify open source components in accordance with their licenses
13. Customer Obligations
You agree to:
Provide accurate information when ordering or requesting quotes
Ensure safe and legal installation conditions
Use products and services in accordance with instructions and applicable laws
Not use our products or services for illegal purposes
Not reverse engineer, disassemble, or attempt to extract proprietary code from our custom configurations
Maintain adequate internet connectivity and power supply for system operation
Notify us promptly of any defects or issues
14. Termination
14.1 Termination by You
You may cancel orders or services as outlined in our Return and Refund Policy.
14.2 Termination by Us
We may terminate or refuse service if:
You breach these Terms
You provide false or misleading information
You engage in abusive or threatening behaviour toward our staff
Payment is not received
We are unable to safely or legally perform the work
14.3 Effect of Termination
Upon termination, you must pay for all products delivered and services completed
We will refund any prepaid amounts for undelivered products or incomplete services (minus any costs already incurred)
15. Modifications to Terms
15.1 Changes
We may update these Terms from time to time. Changes will be posted on our website with a new "Last updated" date.
15.2 Notice
We will notify you of material changes by:
Email (if we have your email address)
Posting a notice on our website
15.3 Acceptance
Continued use of our products or services after changes constitute acceptance of the updated Terms.
16. Dispute Resolution
16.1 Good Faith Resolution
If a dispute arises, we encourage you to contact us first so we can attempt to resolve it amicably.
16.2 Consumer Affairs Victoria
If we cannot resolve the dispute, you may contact:
Consumer Affairs Victoria: 1300 558 181 or consumer.vic.gov.au
Australian Competition and Consumer Commission (ACCC): 1300 302 502 or accc.gov.au
16.3 Legal Action
If the dispute remains unresolved, you may have rights to pursue the matter through:
Victorian Civil and Administrative Tribunal (VCAT) for consumer disputes
Courts for other legal matters
17. General Provisions
17.1 Governing Law
These Terms are governed by the laws of the State of Victoria and the Commonwealth of Australia.
For disputes involving Victorian customers, you agree to the non-exclusive jurisdiction of Victorian courts.
For disputes involving customers in other Australian states or territories, the matter may be heard in the courts of that state or territory, or in Victorian courts at our election.
Nothing in this clause limits your rights under Australian Consumer Law.
17.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
17.3 Entire Agreement
These Terms, together with our Privacy Policy and Return and Refund Policy, constitute the entire agreement between you and us.
17.4 Waiver
Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
17.5 Assignment
You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.
17.6 Force Majeure
We are not liable for delays or failures to perform due to circumstances beyond our reasonable control, including natural disasters, pandemics, strikes, or government actions.
18. Contact Information
If you have questions about these Terms, please contact us:
Cyborg Automation AU PTY LTD
Level 10, 440 Collins St, Melbourne VIC 3000
support@cyborgautomation.com.au
19. Acknowledgment
By placing an order or using our services, you acknowledge that:
You have read and understood these Terms
You agree to be bound by these Terms
You have the authority to enter into this agreement
You are at least 18 years of age
End of Terms of Service