About the Website
- Welcome to www.toolfinderaustralia.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
- The Website is operated by Tool Finder Australia PTY LTD PTY. LTD. (ACN 634 467 324). Access to and use of the Website, or any of its associated Products or Services, is provided by Tool Finder Australia PTY LTD. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- Tool Finder Australia PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Tool Finder Australia PTY LTD updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the
Terms by remaining on the Website. You may also accept the Terms by clicking to
accept or agree to the Terms where this option is made available to you by Tool
Finder Australia PTY LTD in the user interface.
- Registration to use the Purchase Services
order to access the Purchase Services, you must first register as a user of the
Website. As part of the registration process, or as part of your continued use
of the Purchase Services, you may be required to provide personal information
about yourself (such as identification or contact details), including:
- Email address
- Mailing address
- Telephone number
warrant that any information you give to Tool Finder Australia PTY LTD in the
course of completing the registration process will always be accurate, correct
and up to date.
you have completed the registration process, you will be a registered member of
the Website (‘Member‘) and agree to
be bound by the Terms. As a Member, you will be granted immediate access to the
may not use the Purchase Services and may not accept the Terms if:
- you are not of legal age to form a binding
contract with Tool Finder Australia PTY LTD; or
- you are a person barred from receiving the
Purchase Services under the laws of Australia or other countries including the
country in which you are resident or from which you use the Purchase Services.
- Your obligations as a Member
a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes
that are permitted by:
- the Terms;
- any applicable law, regulation or generally
accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting
the confidentiality of your password and/or email address. Use of your password
by any other person may result in the immediate cancellation of the Purchase
- any use of your registration information by any
other person, or third parties, is strictly prohibited. You agree to
immediately notify Tool Finder Australia PTY LTD of any unauthorised use of
your password or email address or any breach of security of which you have
- access and use of the Website is limited,
non-transferable and allows for the sole use of the Website by you for the
purposes of Tool Finder Australia PTY LTD providing the Purchase Services;
- you will not use the Purchase Services or
Website for any illegal and/or unauthorised use which includes collecting email
addresses of Members by electronic or other means for the purpose of sending
unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements,
affiliate links, and other forms of solicitation may be removed from the
Website without notice and may result in termination of the Purchase Services.
Appropriate legal action will be taken by Tool Finder Australia PTY LTD for any
illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use
of the Website or its Purchase Services is prohibited.
- Purchase of Products and Returns Policy
using the Purchase Services to purchase the Product through the Website, you
will agree to the payment of the purchase price listed on the Website for the
Product (the ‘Purchase Price’).
of the Purchase Price may be made through Stripe or PayPal (the ‘Payment Gateway Provider’)
In using the Purchase Services, you warrant that you
have familiarised yourself with, and agree to be bound by, the applicable Terms
provided by the Payment Gateway Providers.
payment of the Purchase Price being confirmed by Tool Finder Australia PTY LTD,
you will be issued with a receipt to confirm that the payment has been received
and Tool Finder Australia PTY LTD may record your purchase details for future
Finder Australia PTY LTD may, at their sole discretion, provide a refund on the
return of the Products within 30 days where the Product packaging is unopened
and remains in a saleable condition. You acknowledge and agree that you are
liable for any postage and shipping costs associated with any refund pursuant to
Finder Australia PTY LTD’s Products come with guarantees that cannot be
excluded under the Australian Consumer Law. You are entitled to a replacement
or refund for a major failure of the Product and compensation for any other reasonably
foreseeable loss or damage. You are also entitled to have the Products repaired
or replaced if the Products fail to be of acceptable quality and the failure
does not amount to a major failure (the ‘Warranty‘).
may make a claim under this clause (the ‘Warranty
Claim’) for material defects and workmanship in the Products within 12
months from the date of purchase (the ‘Warranty
order to make a Warranty Claim during the Warranty Period, you must provide
proof of purchase to Tool Finder Australia PTY LTD showing the date of purchase
of the Products, provide a description of the Products and the price paid for
the Products by sending written notice to Tool Finder Australia PTY LTD at P.O.
Box 709, Macleod West, Victoria, 3085 or by email at email@example.com.
the Warranty Claim is accepted then Tool Finder Australia PTY LTD will, at its
sole discretion, either repair or replace any defective Products or part thereof
with a new or remanufactured equivalent during the Warranty Period at no charge
to you for parts or labour. You acknowledge and agree that you will be solely
liable for any postage or shipping costs incurred in facilitating the Warranty
Warranty shall be the sole and exclusive warranty granted by Tool Finder
Australia PTY LTD and shall be the sole and exclusive remedy available to you
in addition to other rights and under a law in relation to the Products to
which this warranty relates.
implied warranties including the warranties of merchantability and fitness for
use are limited to the Warranty Period.
Warranty does not apply to any appearance of the supplied Products nor to the
additional excluded items set forth below nor to any supplied Products where
the exterior of which has been damaged or defaced, which has been subjected to
misuse, abnormal service or handling, or which has been altered or modified in
design or construction.
acknowledge that the Purchase Services offered by Tool Finder Australia PTY LTD
integrate delivery (the ‘Delivery
Services‘) through the use of third party delivery companies (the ‘Delivery Service Providers‘).
providing the Purchase Services, Tool Finder Australia PTY LTD may provide you
with a variety of delivery and insurance options offered as part of the
Delivery Services by the Delivery Service Providers. You acknowledge and agree
that Tool Finder Australia PTY LTD is not the provider of these delivery and
insurance options and merely facilitates your interaction with the Delivery
Service Providers in respect to providing the Delivery Services.
the event that an item is lost or damaged in the course of the Delivery
Services, Tool Finder Australia PTY LTD asks that you:
- contact the Delivery Service Provider directly
to request a refund or to claim on any insurance options available; and
- contact us by sending an email to
firstname.lastname@example.org outlining in what way the Products were damaged
in transit so we are able to determine if the Delivery Service Provider should
be removed from the Purchase Services.
- Copyright and Intellectual Property
Website, the Purchase Services and all of the related products of Tool Finder
Australia PTY LTD are subject to copyright. The material on the Website is
protected by copyright under the laws of Australia and through international
treaties. Unless otherwise indicated, all rights (including copyright) in the
site content and compilation of the website (including text, graphics, logos,
button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for
these purposes, and are reserved by Tool Finder Australia PTY LTD or its
Finder Australia PTY LTD retains all rights, title and interest in and to the
Website and all related content. Nothing you do on or in relation to the
Website will transfer to you:
- the business name, trading name, domain name,
trade mark, industrial design, patent, registered design or copyright of Tool
Finder Australia PTY LTD; or
- the right to use or exploit a business name,
trading name, domain name, trade mark or industrial design; or
- a system or process that is the subject of a
patent, registered design or copyright (or an adaptation or modification of such
a system or process).
may not, without the prior written permission of Tool Finder Australia PTY LTD
and the permission of any other relevant rights owners: broadcast, republish,
up-load to a third party, transmit, post, distribute, show or play in public,
adapt or change in any way the Content or third party content for any purpose.
This prohibition does not extend to materials on the Website, which are freely
available for re-use or are in the public domain.
Tool Finder Australia PTY LTD takes your privacy seriously
and any information provided through your use of the Application and/or the
Purchase Services are subject to Tool Finder Australia PTY LTD’s Privacy
Policy, which is available on the Application.
- General Disclaimer
- You acknowledge that Tool Finder Australia
PTY LTD does not make any terms, guarantees, warranties, representations or
conditions whatsoever regarding the Products other than provided for pursuant
to these Terms.
- Tool Finder Australia PTY LTD will make
every effort to ensure a Product is accurately depicted on the Website,
however, you acknowledge that sizes, colours and packaging may differ from what
is displayed on the Website.
- Nothing in these Terms limits or excludes
any guarantees, warranties, representations or conditions implied or imposed by
law, including the Australian Consumer Law (or any liability under them) which
by law may not be limited or excluded.
- Subject to this clause, and to the extent
permitted by law:
terms, guarantees, warranties, representations or conditions which are not
expressly stated in these Terms are excluded; and
Finder Australia PTY LTD will not be liable for any special, indirect or
consequential loss or damage (unless such loss or damage is reasonably
foreseeable resulting from our failure to meet an applicable Consumer
Guarantee), loss of profit or opportunity, or damage to goodwill arising out of
or in connection with the Purchase Services or these Terms (including as a
result of not being able to use the Purchase Services or the late supply of the
Purchase Services), whether at common law, under contract, tort (including
negligence), in equity, pursuant to statute or otherwise.
- Use of the Website, the Purchase Services,
and any of the products of Tool Finder Australia PTY LTD (including the
Delivery Services), is at your own risk. Everything on the Website, the
Purchase Services, and the Products of Tool Finder Australia PTY LTD, are
provided to you on an “as is” and “as available” basis,
without warranty or condition of any kind. None of the affiliates, directors,
officers, employees, agents, contributors, third party content providers or
licensors of Tool Finder Australia PTY LTD (including any third party where the
Delivery Services are made available to you) make any express or implied
representation or warranty about its Content or any products or Purchase
Services (including the products or Purchase Services of Tool Finder Australia
PTY LTD) referred to on the Website. This includes (but is not restricted to)
loss or damage you might suffer as a result of any of the following:
of performance, error, omission, interruption, deletion, defect, failure to
correct defects, delay in operation or transmission, computer virus or other
harmful component, loss of data, communication line failure, unlawful third
party conduct, or theft, destruction, alteration or unauthorised access to
accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third party
material and advertisements on the Website);
incurred as a result of you using the Website, the Purchase Services or any of
Content or operation in respect to links which are provided for the User’s
failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
defamatory, threatening, offensive or unlawful conduct of third parties or
publication of any materials relating to or constituting such conduct.
- Limitation of Liability
- Tool Finder Australia PTY LTD’s total
liability arising out of or in connection with the Purchase Services or these
Terms, however arising, including under contract, tort (including negligence),
in equity, under statute or otherwise, will not exceed the most recent Purchase
Price paid by you under these Terms or where you have not paid the Purchase
Price, then the total liability of Tool Finder Australia PTY LTD is the
resupply of information or Purchase Services to you.
- You expressly understand and agree that Tool
Finder Australia PTY LTD, its affiliates, employees, agents, contributors,
third party content providers and licensors shall not be liable to you for any
direct, indirect, incidental, special consequential or exemplary damages which
may be incurred by you, however caused and under any theory of liability. This
shall include, but is not limited to, any loss of profit (whether incurred
directly or indirectly), any loss of goodwill or business reputation and any
other intangible loss.
- Tool Finder Australia PTY LTD is not
responsible or liable in any manner for any site content (including the Content
and Third Party Content) posted on the Website or in connection with the
Purchase Services, whether posted or caused by users of the website of Tool
Finder Australia PTY LTD, by third parties or by any of the Purchase Services
offered by Tool Finder Australia PTY LTD.
- You acknowledge that Tool Finder Australia
PTY LTD does not provide the Delivery Services to you and you agree that Tool
Finder Australia PTY LTD will not be liable to you for any special, indirect or
consequential loss or damage, loss of profit or opportunity, or damage to
goodwill arising out of or in connection with the Delivery Services.
- Termination of Contract
- The Terms will continue to apply until
terminated by either you or by Tool Finder Australia PTY LTD as set out below.
- If you want to terminate the Terms, you may
do so by:
Tool Finder Australia PTY LTD at any time; and
your accounts for all of the Purchase Services which you use, where Tool Finder
Australia PTY LTD has made this option available to you. Your notice should be
sent, in writing, to Tool Finder Australia PTY LTD via the ‘Contact Us’ link on
- Tool Finder Australia PTY LTD may at any
time, terminate the Terms with you if:
have breached any provision of the Terms or intend to breach any provision;
Finder Australia PTY LTD is required to do so by law;
partner with whom Tool Finder Australia PTY LTD offered the Purchase Services
to you has terminated its relationship with Tool Finder Australia PTY LTD or
ceased to offer the Purchase Services to you;
Finder Australia PTY LTD is transitioning to no longer providing the Purchase
Services to Users in the country in which you are resident or from which you
use the service; or
provision of the Purchase Services to you by Tool Finder Australia PTY LTD is,
in the opinion of Tool Finder Australia PTY LTD, no longer commercially viable.
- Subject to local applicable laws, Tool
Finder Australia PTY LTD reserves the right to discontinue or cancel your
membership to the Website at any time and may suspend or deny, in its sole
discretion, your access to all or any portion of the Website or the Purchase
Services without notice if you breach any provision of the Terms or any
applicable law or if your conduct impacts Tool Finder Australia PTY LTD’s name
or reputation or violates the rights of those of another party.
- When the Terms come to an end, all of the
legal rights, obligations and liabilities that you and Tool Finder Australia
PTY LTD have benefited from, been subject to (or which have accrued over time
whilst the Terms have been in force) or which are expressed to continue indefinitely,
shall be unaffected by this cessation, and the provisions of this clause shall
continue to apply to such rights, obligations and liabilities indefinitely.
- You agree to indemnify Tool Finder Australia
PTY LTD, its affiliates, employees, agents, contributors, third party content
providers and licensors from and against:
actions, suits, claims, demands, liabilities, costs, expenses, loss and damage
(including legal fees on a full indemnity basis) incurred, suffered or arising
out of or in connection with any Content you post through the Website;
direct or indirect consequences of you accessing, using or transacting on the
Website or attempts to do so and any breach by you or your agents of these
- any breach of the Terms.
- Dispute Resolution
If a dispute arises out of or relates
to the Terms, either party may not commence any Tribunal or Court proceedings
in relation to the dispute, unless the following clauses have been complied
with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a
dispute (‘Dispute‘) has arisen under
the Terms, must give written notice to the other party detailing the nature of
the dispute, the desired outcome and the action required to settle the Dispute.
- Resolution: On receipt of that notice (‘Notice‘) by that other party, the
parties to the Terms (‘Parties‘)
14 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually
for any reason whatsoever, 14 days after the date of the Notice, the Dispute
has not been resolved, the Parties must either agree upon selection of a
mediator or request that an appropriate mediator be appointed by the President
of the Australian Mediation Association or his or her nominee;
Parties are equally liable for the fees and reasonable expenses of a mediator
and the cost of the venue of the mediation and without limiting the foregoing
undertake to pay any amounts requested by the mediator as a pre-condition to
the mediation commencing. The Parties must each pay their own costs associated
with the mediation;
mediation will be held in Melbourne, Victoria, Australia.
All communications concerning
negotiations made by the Parties arising out of and in connection with this
dispute resolution clause are confidential and to the extent possible, must be
treated as “without prejudice” negotiations for the purpose of
applicable laws of evidence.
- Termination of Mediation:
If 1 month have elapsed after the
start of a mediation of the Dispute and the Dispute has not been resolved,
either Party may ask the mediator to terminate the mediation and the mediator
must do so
- Venue and Jurisdiction
The Purchase Services offered by Tool
Finder Australia PTY LTD is intended to be viewed by residents of Australia. In
the event of any dispute arising out of or in relation to the Website, you
agree that the exclusive venue for resolving any dispute shall be in the courts
of Victoria, Australia.
- Governing Law
The Terms are governed by the laws of
Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever
nature arising out of or in any way relating to the Terms and the rights
created hereby shall be governed, interpreted and construed by, under and
pursuant to the laws of Victoria, Australia, without reference to conflict of
law principles, notwithstanding mandatory rules. The validity of this governing
law clause is not contested. The Terms shall be binding to the benefit of the
parties hereto and their successors and assigns.
- Independent Legal Advice
Both parties confirm and declare that the
provisions of the Terms are fair and reasonable and both parties having taken
the opportunity to obtain independent legal advice and declare the Terms are
not against public policy on the grounds of inequality or bargaining power or
general grounds of restraint of trade.
If any part of
these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain