Total Tooling Website Terms of Use

1. Introduction


This is a website operated by the company Total Tooling Co. Pty. Ltd. (ABN 70 006 218 417) under the domain name www.totaltooling.com.au, (“Total Tooling Website”, “Website”, “Site”). The site is operated on behalf of Total Tooling Co. Pty. Ltd. (“Total Tooling”, “our”, “we”, “us”) and its related bodies corporate.


Your use of the information, graphics and materials on the Total Tooling website ("Material") is governed by these terms of use and our privacy policy, together referred to as “Terms of Use”.


In instances where we have entered into a separate contract with a user of our services, supplemental terms and conditions may apply to those users of our services and certain secured sections of the Total Tooling website. Those supplemental terms and conditions will be disclosed to each user in connection with the applicable services and are in addition to, these Terms of Use for the purposes of the applicable services.


By using this site, you agree to be bound by these Terms and Conditions in relation to your use or the performance of this website, and the information, services and material contained in or provided by it. If you do not accept these Terms and Conditions, please exit this website. You may e-mail us on info@totaltooling.com.au if you have any queries about these Terms and Conditions.


2. Website Content and Access


While Total Tooling endeavours to take reasonable care in preparing and maintaining the information on this website we do not warrant the accuracy, reliability, adequacy or completeness of any of the website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.


It is your responsibility to inquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), Total Tooling disclaims all liability for loss directly or indirectly arising from your use of or reliance on the website and the website content.


Total Tooling does not guarantee that access to the Total Tooling website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses the Total Tooling website or any data on such a computer.


3. Limitation of Liability


To the maximum extent permitted by law, Total Tooling excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the website content and the use or performance of the Total Tooling website except to the extent that the loss or damage is directly caused by Total Tooling’s fraud or wilful misconduct.


Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a warranty or guarantee into these Website Terms and Conditions which may not lawfully be excluded, then provided it is fair and reasonable to do so, Total Tooling's liability for breach of such a warranty or guarantee shall be limited at its option, to any one or more of the following:


(a) in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and

(b) in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.

4. Intellectual Property


The materials displayed on this website, including without limitation all information, photographs, illustrations, artwork and other graphic materials, names, logos and trade marks (“Content”) are the property of Total Tooling and are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the website. Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation provided that any copyright notice on such a display or page is not removed. You agree not to copy, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of Total Tooling.


Save for the above, and unless expressly granted, Total Tooling does not grant any license or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Total Tooling website or in the user interface of the Total Tooling website.


5. Submissions


Any material you send to us on or via the Total Tooling website will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise. This includes any data, questions, comments, suggestions, ideas or other information. We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without compensation to you.


6. Links to Total Tooling Website


Please contact Total Tooling at info@totaltooling.com.au if you would like to place a link to any part of the Total Tooling website.


7. Links to Other Sites


The Total Tooling Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, Total Tooling does not control, endorse, sponsor or approve any such third party websites or their content nor does Total Tooling provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.


8. Interference with Website


You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the Total Tooling website.

9. Jurisdiction


These Terms and Conditions are governed by and construed in accordance with the State of Victoria, Australia. In the event that a dispute arises from these Website Terms and Conditions, each of Total Tooling and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.


This site may be accessed throughout Australia and overseas. Without limiting the above disclaimer, Total Tooling makes no representations that the content of this site complies with the laws, including intellectual property laws, of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in each place where you access the site or where anything you publish or upload can be accessed.

Revision: 1.1

Last Updated: 2017