Terms, Conditions and Policies

Relating to all information and transactions on this website.

 

WEBSITE TERMS OF USE AND COPYRIGHT NOTICE

Effective 12 January 2018

1. Introduction.
The Website Owner, including subsidiaries and affiliates ("Website" or "Website Owner" or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website. 

2. Information on the Website.
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know. 

3. Copyright.
The sos.tools and sostools.com.au family of websites (herein referred to as “SOS Tools“) is protected by copyright and intellectual copyright law. No part of any SOS Tools website or it's content, design or construction may be reproduced without prior written consent. This copyright includes but is not limited to the following: scripts; algorithms; databases; programs; software; software packages; mathematical formulas; developments; specifications; websites; web pages; domain names; images; logos; graphics; forums; blogs; graphic charters; content; architecture; design; banners; campaigns; advertisements; games; contests; keywords; referencing; optimisations; texts; articles; editorials. Any breach or infringement of SOS Tools copyright will be pursued to the fullest extent under all applicable laws. If you feel your copyright has been infringed on SOS Tools, please contact us immediately by email to admin@sostools.com.au stating the full URL and including full details of the alleged infringement. 

4. Trade Marks.
The trade marks, names, logos and service marks (collectively "trade marks") of branded and trade marked products and services displayed on this website are registered and unregistered trade marks of the trademark owners. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Owner. 

5. External Links.
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website. 

6. Public Forums and User Submissions, Shops and Shop Content.
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to - 
    6.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
    6.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
    6.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner's and/or a third    party's computer system and/or network;
    6.4 violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of the Website Owner or any other third party;6.5 submit contents containing marketing or promotional material which is intended to solicit business. 

7. Specific Use.
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material. 

8. Warranties.The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system. 

9. Disclaimer of Liability.The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. 

10. Use of the Website.The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Australia). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website. 

11. General.

11.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website. 

11.2 Headings.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement. 

11.3 Alteration.The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website. 

11.4 Conflict.Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website. 

11.5 Waiver.No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights. 

11.6 Cession.The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party. 

11.7 Severability.All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect. 

11.8 Applicable laws.Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Australia without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Australia in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith. 

11.9 Comments or Questions.If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.

TERMS & CONDITIONS OF BUSINESS 
Effective 12 January 2018. Please contact us by emailing admin@sostools.com.au for the latest copy of our T&Cs.

In addition:

1. Notices 
Any notice to be given by either party to the other may be sent by either e-mail, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by e-mail shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting. 

2. Non-Waiver
Any forebearance or failure by us to enforce a contractual provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver of forebearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of said provision(s). 

3. Applicable laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Australia without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Australia in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith. 

4. Headings
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement. 

5. Entire Agreement
These terms and conditions of sale together with any documents expressly referred to in them contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement. 

RETURNS POLICY
Effective 12 January 2018 

You have a right to cancel your order within 7 working days and receive a refund for any item or service apart from those personalised for you. If you exercise your right to cancel you must immediately return to us by post, by hand or by courier, at your cost, the items you do not wish to keep in the same condition they were received. Assuming that the goods are accepted for return, your refund amount will be the returned goods sales order value less a re-stocking fee of 20%. Carriage /collection charges may not be refunded. You may cancel your order by sending or delivering to us a letter, fax or e-mail cancellation at any time up to and including the seventh day (excluding Saturdays, Sundays and public holidays) after the day on which you receive your purchase. To contact us for this purpose see our contact details below. All emails, postal mail and telephone messages received out of hours will be responded to the next working day.

DELIVERY POLICY

This policy sets out details of delivery for your online purchases. If you require clarification or have any questions please contact us on (02) 8006 9976 or 0433 574 344 (8.30am to 5.00pm Monday to Friday, 9.00am – 2.00pm Saturday).

Christmas Delivery Dates

Our final shipping day prior to Christmas is the last Friday proceeding 24th of December. We re-open the first business day after 1st of January.

Where we deliver

We will deliver to most addresses within Australia or internationally. We require a street address for delivery by courier – or PO Box (for postal service only). Transit times are dependent on shipping method and location and cannot be guaranteed by SOS Tools.

How and when we deliver

All deliveries are made 8.30am to 5.00pm Monday to Friday by your chosen carrier. For orders placed before 4.00pm on a weekday, please allow from the confirmation of dispatch:

1-4 working days for delivery to a capital city in any State except WA;

2-14 working days for delivery to most large regional towns; and

7-14 working days for delivery to other remote locations.

During peak periods, the delivery may take up to 14 working days.

Please note that these delivery times are estimates only, and actual delivery times may vary. For large items, the courier will attempt to contact you to arrange a delivery time using the contact details provided by you. We are not responsible for any late delivery or failure to deliver due to circumstances beyond our reasonable control. Typical delivery times for items below 3kg is 1-2 days for all metropolitan areas.

Cost of delivery

Delivery charges are calculated on a per order basis and according to the weight and size of your order and your delivery address.

Acceptance of delivery

Deliveries must be signed for, and anyone at the delivery address who receives the products shall be presumed by SOS Tools to be authorised to receive the products.

Please note that risk for loss or damaged product passes to the customer upon delivery of the product(s) by the courier.

Delivery Problems

If your delivery has not arrived, please contact us. If you wish to return a product delivered damaged or otherwise, please refer to our Returns Policy.

We are unable to deliver dangerous goods (such as aerosol cans, paint etc).

For further information please do not hesitate to contact us on sales@sos.tools or 0433 574 344.