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| Please read this agreement carefully. It governs your
use of the DIY Tools web site and the services and goods provided through
the web site (collectively the "web site"). It exempts DIY Tools and other
persons from liability or limits their liability and contains other
important provisions that you should read. Each time you use the web site
you acknowledge and signify that you have read, understood, and agreed to
be bound by this agreement. If you do not agree with each provision of
this agreement each time you use the web site, you may not use the web
site. Each time you use the web site, the text of this agreement as it
then reads will govern your use. Accordingly, when you use the web site
you should check the date of this agreement and review any changes since
the last version. |
| 1. YOUR ACCEPTANCE OF THIS
AGREEMENT: |
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This is an agreement between you and DIY Tools and
governs your use of the DIY Tools Web site and its content and the
services and goods provided through the Web site (collectively the "Web
Site"). Each time you use the Web Site you signify your acceptance and
agreement, and the acceptance and agreement of any person you purport to
represent (and for purposes of this Agreement, "person" includes any type
of incorporated or unincorporated entity), without limitation or
qualification, to be bound by this Agreement, and you represent and
warrant that you have the legal authority to agree to and accept this
Agreement on behalf of yourself and any person you purport to represent.
If you do not agree with each provision of this Agreement, or you are not
authorized to agree to and accept this Agreement, or you do not have the
legal authority to agree to and accept this Agreement, you may not use the
Web Site. |
| 2. CHANGES TO THIS
AGREEMENT: |
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You may not change, supplement, or amend this
Agreement in any manner. DIY Tools may, in its sole discretion, change,
and supplement or amend this Agreement as it relates to your future use of
the Web Site from time to time, for any reason, and without any notice or
liability to you or any other person, by posting a revised Agreement on
the Web Site. |
| 3. PERMITTED USERS AND
ACCESS: |
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The Web Site may be used only by persons who have
reached the age of majority or legal age in their jurisdictions and who
can form legally binding contracts under applicable law. The Web Site may
not be used by persons in jurisdictions where access to or use of the Web
Site or any part of it may be illegal or prohibited. It is solely your
responsibility to determine whether your use of the Web Site is lawful,
and you must comply with all applicable laws. |
| 4. MISPRINTS AND ERRORS,
PRODUCT AVAILABILITY, PRICES, AND ORDERS: |
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DIY Tools endeavors to provide current and accurate
information on the Web Site. Nevertheless, misprints or other errors may
occur. Accordingly, DIY Tools reserves the right to change the prices,
fees and charges regarding the goods and services available through the
Web Site at any time and from time to time without any notice or liability
to you or any other person. Also, DIY Tools cannot guarantee that goods or
services advertised on the Web Site will be available when ordered or
thereafter. DIY Tools also reserves the right at any time to reject,
correct, cancel or terminate any order. If you order goods or services for
which the price was incorrectly displayed, DIY Tools will provide you with
an opportunity to cancel your order. If you order goods or services that
are not available, DIY Tools will notify you by email. DIY Tools reserves
the right to limit quantities licensed or sold. The advertisements on the
Web Site are invitations for purchase orders, and are not offers to sell.
Your properly completed and delivered order form constitutes your offer to
purchase the goods or services referenced in your order. Your order shall
be deemed to be accepted only if and when DIY Tools sends an order
acceptance and shipping notice email to your email address. If you wish to
cancel an order, you may request a cancellation by sending an email to DIY
Tools. However, DIY Tools may not receive and process your cancellation
request before it accepts and processes your order, in which case your
cancellation request may not be effective. |
| 5. DISCLAIMER, LIABILITY
EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY: |
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DIY Tools strives to make your use of the Web Site a
useful and enjoyable experience, and a safe and easy way to purchase goods
over the Internet. Nevertheless, DIY Tools and its service providers (the
"Providers") do not accept any liability for your use of the Web Site. For
that reason, the following provisions apply to your use of the Web
Site: |
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5.1 DISCLAIMER |
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YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. |
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THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT
LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY
DIY Tools AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. |
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YOU (AND NOT DIY Tools OR THE PROVIDERS ) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY
COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO
YOUR USE OF THE WEB SITE. |
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THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY
NUMEROUS FACTORS BEYOND DIY Tools'S CONTROL. THE OPERATION OF THE WEB SITE
MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY
RISKS CANNOT BE ELIMINATED. |
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DIY Tools IS UNDER NO OBLIGATION TO VERIFY THE
IDENTITY OF USERS OF THE WEB SITE. |
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THROUGH YOUR USE OF THE WEB SITE, YOU MAY HAVE THE
OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL
SUCH TRANSACTIONS ARE AT YOUR OWN RISK. DIY Tools IS NOT A PARTY TO ANY
SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH
TRANSACTIONS. |
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WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DIY
Tools AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION
THAT: |
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THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND
RELATED EQUIPMENT AND SOFTWARE; |
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THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION
WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE
CORRECTED; |
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THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE
WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; |
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CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE
OF THE WEB SITE; |
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THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND
DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES,
WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR |
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THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (
INCLUDING INTELLECTUAL PROPERTY RIGHTS ) OF ANY PERSON; |
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AND DIY Tools AND ITS PROVIDERS DISCLAIM ANY AND ALL
LIABILITYREGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
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5.2 LIABILITY
EXCLUSION |
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DIY Tools AND ITS PROVIDERS WILL NOT UNDER ANY
CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE,
LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS ( ANTICIPATED OR OTHERWISE
), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS
OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY
OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING
TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF
ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY DIY Tools OR ANY PROVIDER
OR ANY PERSON FOR WHOM DIY Tools OR ITS PROVIDERS ARE RESPONSIBLE, AND
NOTWITHSTANDING THAT DIY Tools OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER
PERSON. |
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5.3 LIABILITY
LIMITATION |
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IN NO EVENT WILL DIY Tools OR ANY OF ITS PROVIDERS BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS,
LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT,
TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY
NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY DIY Tools OR ANY PERSON FOR
WHOM DIY Tools IS RESPONSIBLE, EXCEED $25 (CDN) OR THE AMOUNT YOU PAID TO
DIY Tools FOR THE USE OF THE WEB SITE, WHICHEVER IS LESS. |
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5.4 RELEASE |
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YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH
OF DIY Tools AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS,
DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICEPROVIDERS,
SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR
CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS,
DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL
FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND
HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST,
WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB
SITE. |
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5.5 INDEMNITY |
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YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH
OF DIY Tools AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS,
DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS,
SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR
CONNECTED PERSONS ( COLLECTIVELY, THE "INDEMNIFIED PARTIES" ) FROM AND
AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT
LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED
PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO,
OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS
AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED
BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND.
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ADVICE AND INFORMATION PROVIDED BY DIY Tools OR ITS
REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY
REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT,
INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION,
RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH
ADVICE OR INFORMATION. |
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The exclusion of certain warranties and the limitation
of certain liabilities are prohibited by legislation in some
jurisdictions. Such legislative limitations may apply to you. |
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The disclaimer, liability exclusion, liability
limitation, release, and indemnity provisions in this Agreement survive
indefinitely after the termination of this Agreement. |
| 6. TERMINATION OF THIS
AGREEMENT AND THE WEB SITE: |
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If you breach any provision of this Agreement, you may
no longer use the Web Site. |
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DIY Tools may, in its sole discretion, change, suspend
or terminate, temporarily or permanently, the Web Site or any part of it
or any of its features at any time, for any reason, without any notice or
liability to you or any other person. |
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DIY Tools may at any time and for any reason, with or
without cause, and in its sole discretion, immediately suspend or
terminate ( in whole or in part ) your permission to use the Web Site,
without any notice or liability to you or any other person. |
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If this Agreement or your permission to use the Web
Site is terminated by you or DIY Tools for any reason, this Agreement will
nevertheless continue to apply and be binding upon you in respect of your
prior use of the Web Site and your purchases of goods and services through
the Web Site and anything connected with, relating to or arising from
those matters. |
| 7. INFORMATION
SUBMISSIONS: |
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All information you provide through the Web Site,
including registration information (name and email address), payment
information (credit card numbers and expiration dates), and
transaction-related information, must be true, accurate, current and
complete. You must also provide DIY Tools with updated registration
information and payment information within 30 days of any changes. |
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DIY Tools will rely on the information you provide.
You will be solely responsible and liable for any and all loss, damage,
and additional costs that you, DIY Tools or any other person may incur as
a result of your submission of any false, incorrect or incomplete
information or your failure to update your registration information and
payment information within 30 days of any change. DIY Tools may require a
copy of a government-issued form of identification before making any
changes to your registration information. |
| 8. OWNERSHIP AND PERMITTED USE
OF THE WEB SITE: |
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The Web Site and all information ( in text, graphical,
video and audio forms ), images, icons, software, design, applications and
other elements available on or through the Web Site are the property of
DIY Tools, its Providers and others, and are protected by AUSTRALIA and
international copyright, trade-mark, and other laws. Your use of the Web
Site does not transfer to you any ownership or other rights in the Web
Site or its content. You may only use the Web Site in the manner described
specifically in this Agreement. |
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The Web Site may not be used for any purpose not
expressly permitted by this Agreement. In particular, except as expressly
stated otherwise in this Agreement, the Web Site may not be copied,
imitated, reproduced, republished, uploaded, posted, transmitted,
modified, indexed, catalogued, or distributed in any way, in whole or in
part, without the express prior written consent of DIY Tools. You may not
use any of the software that is used in the operation of the Web Site
except while you are use the Web Site. You may not reproduce, copy,
duplicate, sell, or resell any part of the Web Site (including the
software used in the operation of the Web Site) or access to the Web
Site. |
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The Web Site is made available to you for your lawful
use only. You may not print or download the pages. |
| 9. PERSONAL INFORMATION
PRIVACY: |
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DIY Tools collects, uses, and discloses your personal
information in accordance with the Privacy Policy, which is available
here. DIY Tools may change the Privacy Policy from time to time in its
sole discretion. By accepting this Agreement, and each time you use the
Web Site, you consent to DIY Tools's collection, use and disclosure of
your personal information in accordance with the Privacy Policy as it then
exists without any further notice or any liability to you or any other
person. |
| 10. OTHER WEB SITES: |
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The Web Site includes advertisements for, and links
to, other Web sites or resources and businesses operated by other persons
("Other Sites"). Other Sites are independent from DIY Tools, and DIY Tools
has no responsibility or liability for or control over Other Sites, their
business, goods, services, or content. Links to Other Sites are provided
solely for your convenience. DIY Tools does not sponsor or endorse any
Other Sites or their content or the goods or services available through
those other Web Sites. Your use of Other Sites and your dealings with the
owners or operators of Other Sites is at your own risk, and you shall not
make any claim against DIY Tools arising out of your use of any Other
Sites or your dealings with the owners or operators of any Other Sites. As
between you and DIY Tools, the provisions of this Agreement under the
section headed Disclaimer, Liability Exclusion, Liability Limitation,
Release and Indemnity apply, with all necessary modifications, to your
access to and use of any Other Sites and their business, goods, services,
and content. |
| 11. LINKING TO THE WEB
SITE: |
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Anyone may link to http://www.diytools.com.au/ at any
time. |
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DIY Tools reserves the right to cancel and revoke any
permission it may give to link to the Web Site at any time, for any
reason, without any notice, and without any liability to you or any other
person. |
| 12. TRANSACTION
AGREEMENTS: |
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All transactions through the Web Site, including the
purchase and sale of Advertising and services and the licensing of
software, are governed by this Agreement and any applicable Transaction
Agreement. By participating in a transaction through the Web Site, you
signify your agreement and acceptance of the applicable Transaction
Agreement. |
| 13. PROMOTIONS: |
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From time to time DIY Tools may make promotions
available to users of the Web Site and others. All promotions are governed
by this Agreement and the applicable promotion rules. By participating in
a promotion through the Web Site, you signify your agreement and
acceptance of this Agreement and the applicable promotion
rules. |
| 14. DISPUTE
RESOLUTION: |
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Any dispute or difference arising in connection with
this agreement shall be submitted to arbitration in accordance with, and
subject to, the Rules for the Conduct of Commercial Arbitrations of the
Institute of Arbitrators, AUSTRALIA. During such arbitration, both parties
may be represented by a duly qualified legal
practitioner. |
| 15. GENERAL: |
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This agreement shall be governed by the laws of the
State of Victoria and the parties hereby submit to the jurisdiction of the
Courts of that State for the resolution of any dispute under this
agreement. |
| THIS AGREEMENT IS
SUBJECT TO CHANGE WITHOUT NOTICE! | |
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