Terms & Conditions
Terms & Conditions
1. Agreement deemed by use
Use of this Website ("site") deems your agreement to be bound by the terms and conditions of use ("terms and conditions") listed below.
2. Use of Materials, Graphics, and Text from this Site.
(a) This site is owned and operated by Toolmart Australia Pty Ltd (“Toolmart”). Unless otherwise specified, the materials in this site are presented for the purposes of promoting Toolmart products and providing information about Toolmart to suppliers and the general public.
(b) No material from Toolmart on this site or any website owned, operated, licensed or controlled by Toolmart may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way save for the following exception.
(c) Use of any material in this site on any other website or networked computer environment is prohibited.
(d) All trademarks, service marks, and trade names are proprietary Toolmart.
(e) All other rights are reserved by Toolmart as the copyright owner.
3. Products Promoted, Contract Development & FireFox/Netscape Program Errors
(a) Toolmart endeavours to keep this site up to date but Prices and Content listed on this site and terms and conditions of any kind relating to products displayed on this site may not be current or complete and therefore under no circumstances constitute an offer or undertaking by Toolmart. Toolmart reserves the right to vary or modify the information in the site without notice.
(b) NetScape 8.1/Firefox Bug. The Toolmart site works perfectly for common browsers. Toolmart however is aware that some sites have issues with different versions of some browsers. If an item's price is found to be incorrect due to the above scripting error, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
(c) With respect to items sold by Toolmart, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalogue may be mis-priced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
4. Limitation of Liability
(a) You waive and release Toolmart, its servants and agents to the fullest extent permitted by law from any and all claims arising out of or related to the use of material or information made available through this site.
(b) Toolmart, its servants or agents shall not, under any circumstances be liable for any injury, loss or damage arising out of or related to the use, or the inability to use, the materials in this site. This limitation of liability includes but is not limited to incidental, special or consequential damages, damages for loss of business or other profits.
5. Severability
If any provision of the Terms and Conditions is unlawful, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions. This is the entire agreement between the parties relating to the subject matter.
