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WEBSITE TERMS AND CONDITIONS

Dated: 15 July 2020

These Website Terms and Conditions apply to use of, and access to, the domain https://tooletries.com.au and all associated pages, applications, and resources (“Tooletries AU Website”). If you do not agree with these Website Terms and Conditions you must not use or access any page, application, or resource accessible through the Tooletries AU Website.

By using or accessing a page, application, or resource through https://tooletries.com.au you accept the following terms and conditions and enter into an agreement with TOOLETRIES PTY LTD ABN 11 168 677 941 (“Agreement”).

In this Agreement there are terms and conditions that apply to specific functionality with the Tooletries AU Website, or apply when you interact with the Tooletries AU Website in particular ways. All terms and conditions relating to use of the Tooletries AU Website are contained in this document which is accessible at https://tooletries.com.au/pages/website-terms-and-conditions, but it must also be read in conjunction with:

- our Privacy Policy, which is available at https://tooletries.com.au/pages/privacy-policy; and

- each other document included by reference in these Website Terms and Conditions, if any.

1.0 Definitions

In this agreement capitalised terms have the corresponding meaning as provided in the Glossary.

2.0 Term and termination

2.1 This Agreement begins upon your acceptance of these Website Terms and Conditions and continues until terminated, or it otherwise ends, in accordance with these Website Terms and Conditions.

2.2 You accept the Website Terms and Conditions upon the earliest of the following events:

a. You, or any device that you control, requests any Content from the Tooletries AU Website;
b. You, or any device that you control, receives any Content from the Tooletries AU Website;
c. You access a page on, or related to, the Tooletries AU Website using a web browser or an App;
d. You request any Services from us through the Tooletries AU Website;
e. You receive any Services from us through the Tooletries AU Website;
f. You check any checkbox that indicates that you agree to the TOOLETRIES Website Terms and Conditions;
g. You otherwise access the Tooletries AU Website, including without limitation through a third party website or application, as the case may be.

 

2.3 This Agreement will automatically end upon the last of each of the following circumstances taking effect:

a. you cease to access our Content; and
b. you no longer possess any of our Content; and
c. 30 days has passed since you have ordered any goods or Services, and we have dispatched the last goods or Services to you in relation to that order.

 

2.4 This Agreement may be suspended or terminated in accordance with clause 13.

3.0 Conditions of use

3.1 We may vary these terms and conditions or impose new terms and conditions on your use of the Services or the Tooletries AU Website at any time, by a notice published on the Tooletries AU Website.

3.2 We may add features or update the Services from time to time. You may be required to agree to additional terms or other requirements in order to use such additional features or Services.

3.3 Nothing in this clause 3 is to be read as limiting our rights in administering the Tooletries AU Website, or methods that we may use to control the features available to you, or our provision of Services to you, through the Tooletries AU Website.

3.4 We may contact you by post, phone, SMS, or email using the details that you provide to us from time to time. Without limitation, we may contact you regarding marketing and promotions, our products and services (unless you request otherwise); and we may contact you in relation to any order you place with us using the Tooletries AU Website.

4.0 Your obligations

Positive obligations

4.1 You must act in accordance with the policies or rules that we publish from time to time that relate to your use of the Services or the Tooletries AU Website (such as content and publishing, data capture, sale of products and services and delivery, system communication, and merchant and payment processing). All of our rules and policies can be accessed at https://tooletries.com.au/policies, and are included into these Website Terms and Conditions by reference. Such policies form binding obligations on you and your use of the Tooletries AU Website, but do not constitute contractual rights that may be enforced against us by you.

4.2 You must read any disclaimers or other product information that we provide from time to time about our products and Services, including such information referred to by way of asterisk or other reference symbol. You warrant that any Order placed by you is made based on all such information provided by us, and that you are responsible for determining the suitability of our Services accordingly.

4.3 If we require information from you for any purpose, you must ensure that the information you provide to us is accurate and complete in every respect.

Negative obligations

4.4 You must not upload, submit, or publish any Content that is unlawful, unsuitable for general viewing or consumption, obscene, defamatory, in breach of any advertising standards, or in breach of any person’s privacy or other human rights.

4.5 You must not:

a. reverse engineer, reverse assemble or reverse compile the Tooletries AU Website or any part of it;
b. combine or incorporate the Tooletries AU Website in any other program or system without our prior consent in writing;
c. copy the Tooletries AU Website, or any Content contained on it belonging to a person other than you, in whole or in part.

5.0 Provision of Services through the Tooletries AU Website

5.1 Our provision of any Services to you through the Tooletries AU Website is subject to these Website Terms and Conditions.

5.2 A reference to Services includes a reference to products, unless specifically noted otherwise.

6.0 Service limitations

6.1 The Tooletries AU Website is hosted by a third party service provider and we do not guarantee that your access to it will be continuous or error free.

6.2 The Payment Processor is a third party and we do not guarantee that this service will be continuous or error free.

6.3 Any information that you provide to any third party is governed by the terms and conditions relating to the third party service. For example if you hold an account with the Payment Processor, then the Payment Processor's terms and conditions govern your use of their services.

7.0 Sale and purchase of goods

7.1 We only keep limited stock of our products. For any product that is not in stock, the expected lead time relating to products on offer through the will be specified on the product information page, order confirmation page, or the shopping cart page. You acknowledge that we make no other general representation about the availability of products, and that our expected lead times may be subject to delays.

7.2 All our products are delivered by Australia Post (unless we offer, and you choose another option during checkout), and the costs of delivery do not include insurance unless stated otherwise. To the extent that you require insurance on delivery of your order, you may choose a delivery option with insurance included (if we provide such an option), or otherwise you are responsible for taking out insurance for this purpose.

7.3 We are not responsible for damage to products sustained during delivery. If you receive a parcel from us that is damaged, please ensure that you cause the deliverer to note the damage, and inspect the products before taking delivery of, or signing for them. If you receive any products from us that are damaged, please contact us immediately at the contact details provided in your order's details.

7.4 We are not responsible for products lost after dispatch. If your products are insured, and the carrier loses your goods, then we will provide all reasonable assistance for you to make a claim for the insured value of those goods. You are solely responsible for taking delivery of the goods, and for ensuring that the address is attended to take delivery and secure the goods upon receipt. Our carriers’ records will be conclusive evidence of delivery in this regard.

7.5 Please refer to our Shipping Policy (https://tooletries.com.au/pages/shipping-info) for specific details about delivery of Orders.

7.6 Please refer to our Refund Policy (https://tooletries.com.au/pages/return-policy) for specific details about any rights you have to return a product to us.

8.0 Payment Processor

8.1 We do not receive or store any credit card information through the Tooletries AU Website. All credit card information is processed securely by the Payment Processor.

8.2 If you do not want to use the Payment Processor to pay for our goods or services through the Tooletries AU Website, please request an alternative at sales@tooletries.com. Consideration of any such request is at our sole discretion, and, we reserve the right to charge an administration fee for fulfilling any such request.

9.0 Reversed transactions

9.1 If the Payment Processor reverses a payment relating to a transaction conducted on the Tooletries AU Website, then unless we grant you a refund, you remain liable to pay our fees or charges for that transaction, as the case may be. You must also reimburse us for any additional fees and charges incurred by us relating to the reversal of any such transaction.

10.0 Right to subcontract

10.1 We may appoint employees, sub-contractors, or agents to provide some or all of the Services; and such entities are bound by the same obligations as us. It is our responsibility to ensure such entities comply with this Agreement.

11.0 Intellectual property

Tooletries AU Website

11.1 We own, or are licensed to use, all components of the Tooletries AU Website.

Grant of licence

11.2 Subject to your continued compliance with these Website Terms and Conditions, for the duration of this Agreement we grant you a licence to use the Tooletries AU Website as contemplated by these Website Terms and Conditions and any policy published by us from time to time.

12.0 Privacy

12.1 We may use your contact details to promote new services and product offers to you from us or our affiliates, or to notify you about important changes to the Tooletries AU Website, subject to our Privacy Policy which is incorporated by reference.

12.2 Our Privacy Policy can be accessed at this link: https://tooletries.com.au/pages/privacy-policy.

12.3 We may change the terms of the Privacy Policy form time to time in accordance with this Agreement. If you do not agree with the changes that we make to the Privacy Policy you may end this Agreement in accordance with clause 13 of this Agreement, and request that we delete any information that we hold about you.

12.4 Upon termination or expiry of this Agreement, the provisions of our Privacy Policy in force from time to time will govern how we use information that we hold about you. You may request that we delete any information we hold about you, as provided in clause 12.3 above.

13.0 Suspension and Termination

Suspension

13.1 We may conduct scheduled or mission critical maintenance of the Tooletries AU Website during which time the Services may be interrupted. We will give you reasonable notice of such maintenance where possible and make all reasonable efforts to keep any disruption to a minimum.

13.2 We may suspend the Services at any time and give you a written notice of default if:

a. we have reason to suspect illegal or unethical activity in relation to your data or Content; or
b. in our reasonable opinion your Content, conduct, data, network, software or equipment may cause damage to any person or property; or
c. you do not comply with any of the terms and conditions contained within this Agreement, including any of your obligations.

 

13.3 If we suspend our Services to you, we may notify any Payment Processor in this regard, and you authorise us to receive any information from the Payment Processor about the status of your account, with them, if any.

13.4 If we suspend our Services to you , we may take administrative, operational, technical, and other measures to prevent you from accessing the Tooletries AU Website and our Services.

Termination

13.5 We may terminate this agreement immediately or after such notice period as we determine.

14.0 Consequences of termination

14.1 Upon termination of this Agreement for any reason, in addition to any other rights or remedies:

a. If you have an Order which has not been delivered, then we may either deliver the products paid for in the Order, refund you the purchase price for any undelivered products, or do a combination of those things, at our discretion;
b. we may immediately disable your access to the Tooletries AU Website;
c. your licence to use the Tooletries AU Website immediately ends;
d. we may, but need not, keep all data and Content uploaded by you to the Tooletries AU Website for our records;
e. we may destroy any data and Content uploaded by you to the Tooletries AU Website;
f. we may continue to send you information about our Services, and other marketing information unless you direct us otherwise; and
g. a Party not in default may pursue any other rights or remedies available at law against a defaulting Party subject to clause 15.

15.0 Indemnity & limitation of liability

Indemnity

15.1 You agree to release and hold TOOLETRIES PTY LTD harmless against any action, proceeding, claim, demand or prosecution relating to any downtime, interruption, loss of data, or consequential loss of any kind whatsoever, whether directly or indirectly arising in connection with the Services.

15.2 You release and indemnify, and agree to keep TOOLETRIES PTY LTD indemnified against any action proceeding, claim, demand, or prosecution relating to:

a. any breach of your warranties under this Agreement; and
b. any loss or damage to persons or property (including data), caused by your Content.

 

Limitation of liability

15.3 Subject to clauses 15.4 and 15.5, any liability of TOOLETRIES PTY LTD for any loss or damage, however caused (including, without limitation, by the negligence of TOOLETRIES PTY LTD), suffered by you in connection with this Agreement is limited to the amounts paid by you to TOOLETRIES PTY LTD in relation to the Services.

15.4 Except as contemplated by clause 15.5, nothing in this Agreement is intended to limit any rights you have under the Competition and Consumer Act 2010 (Cth).

15.5 If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by TOOLETRIES PTY LTD in connection with this Agreement and TOOLETRIES PTY LTD’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then clause 15.3 does not apply to that liability and instead TOOLETRIES PTY LTD’s liability for such failure is limited to (at TOOLETRIES PTY LTD’s election):

a. in the case of a supply of goods, TOOLETRIES PTY LTD replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or
b. in the case of a supply of services, TOOLETRIES PTY LTD supplying the services again or paying the cost of having the services supplied again.

 

15.6 In this clause 15 a reference to consequential losses means any indirect, special, economic, or consequential loss including loss of revenue, profits, goodwill, bargain or opportunities that you suffer in any way, even if we knew or should have known about the possibility of such loss.

16.0 General

Costs

16.1 You are responsible for all duties, charges and legal fees (on a solicitor and own client basis) incurred in enforcing this Agreement.

Currency and Taxation

16.2 Unless otherwise stated, all monetary amounts are expressed in Australian dollars inclusive of GST.

Enduring Clauses

16.3 The Parties’ obligations under Clauses 7, 9, 11, 12, 14, and 15 shall survive the termination of this Agreement for whatever reason.

Entire agreement

16.4 This Agreement contains the entire agreement between the Parties and supersedes all previous negotiations or agreements in relation to the Services.

Force majeure

16.5 Neither Party is liable for any delay or failure to perform its obligations under this Agreement to the extent that such failure is caused by a Force Majeure Event. Nothing in this clause excuses payment of money due.

Jurisdiction

16.6 The laws of the State of Queensland apply to this Agreement; and the parties submit exclusively to the courts of that jurisdiction.

Relationship between the Parties

16.7 Nothing in this Agreement constitutes a partnership or contract of employment. It is the express intention of the parties to deny any such relationship.

Representatives, Successors and Assigns

16.8 You must not assign or novate this Agreement in whole or in part.

16.9 We may assign or novate this Agreement in whole or part at our sole discretion.

Severability

16.10 If any provision of this Agreement is ruled by a court to be illegal, invalid, unenforceable or in conflict with any law, it will not affect the validity and enforceability of the remaining provisions.

Waiver

16.11 Any delay or failure to enforce any rights in relation to a breach by the other Party will not be construed as a waiver of those rights.

17.0 Glossary

17.1 In this Agreement the defined terms in the following table have the corresponding meaning unless repugnant to the context.

App means:
- A software application.

Contentmeans: 
- Any information reduced to material form (including where such information is stored electronically), and includes without limitation any script, code, text, image, media, or content determinable through MIME and MIME type definitions, as the case requires.

Electronic Transaction means:
- An electronic transaction conducted through the Tooletries AU Website, including a payment made through any of the following methods::Credit Card;Debit Card;Prepaid payment card.

Intellectual Property Rights means:
- All industrial and intellectual property rights including, without limitation, patents, trade marks, copyrights, circuit layout rights, right to extract information from databases, design rights, trade secrets, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them) other than moral rights.

Order means:
- An order placed by you on the Tooletries AU Website.

Party means:
- A party to this Agreement.

Payment Processor means:
- A third party payment processor that facilitates Electronic Transactions on the Tooletries AU Website in relation to an Order. At the date of these Website Terms and Conditions this service is provided by either shopPay (by Shopify) or PayPal.

Privacy Policy means:
- Our privacy policy, which is available at https://tooletries.com.au/privacy-policy

Services means:
- Any service delivered by TOOLETRIES through the Tooletries AU Website.

TOOLETRIES, Us, Our, Or We means:
- TOOLETRIES PTY LTD

User, You, Or Your means:
- The person accessing the Tooletries AU Website.

Website Terms And Conditions means:
- This document including any other document included by reference, if any.