This page outlines the General Conditions of access to and use of the Site.
Acknowledgement and acceptance of General Conditions
www.thetoolboxcompany.com.au (the "Site") is owned and operated by Proto Concepts Pty Ltd T/A THE TOOLBOX COMPANY, ABN 66 094 236 272 7 Sarah Street, Campbellfield, Victoria, 3061 and may contain material from Proto Concepts Pty Ltd and other related companies (collectively, “Proto Concepts”). Your access to, use of, linking to the Site, use of software or downloading software on the Site (collectively, your “Access”) is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site ("General Conditions"). Your Access to the Site constitutes your agreement to be bound by the General Conditions. Proto Concepts reserves the right to amend the General Conditions at any time and you should periodically refer to them on this page and elsewhere on the Site.
Ownership of content on the site
The materials displayed on the Site, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site ("Content") are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site.
You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these General Conditions or with the express prior written consent of Proto Concepts.
Proto Concepts consents to the use of such tools and other content made available on the site for personal and not commercial purposes and in accordance with any particular terms applied to it.
Access to the Site
You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of this web site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements).
You must not use the Site or the Content in any manner or for any purpose which is unlawful or in any manner which violates any right of Proto Concepts or which is prohibited by the General Conditions.
You must not use the Content for commercial purposes without first obtaining the express written authority of Proto Concepts . Use of the Content for a commercial purpose is any use other than accessing and using the content for your own personal and private decision making.
Disclaimer and limitation of liability
The Content on the Site is derived from sources believed to be accurate and current. However, neither Proto Concepts nor Proto Concepts directors, officers, agents, employees or contractors (“ Proto Concepts Personnel”):
(a) give any representation or warranty as to the reliability, accuracy or completeness of the Content; or
(b) warrant that any of the functions contained in any Content or that your Access will be uninterrupted or error-free.
Neither Proto Concepts nor Proto Concepts Personnel shall be liable in any way for any loss or damage, howsoever arising (whether in negligence or otherwise) out of or in connection with your Access, the Content and/or any omissions from the Content, except where liability is made non-excludable by legislation.
In the case of goods or services supplied or offered by Proto Concepts or Proto Concepts Personnel, liability for breach of any implied warranty or condition which cannot be excluded is limited at Proto Concepts’s option to either:
(a) the supply of the goods (or equivalent goods) or services again; or
(b) the payment of the cost of having the goods (or equivalent goods) or services supplied again.
You must indemnify and hold harmless Proto Concepts and Proto Concepts Personnel and keep them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
(a) any breach by you of the General Conditions; or
(b) reliance by you on any information obtained through the Site; or
(c) your Access to the Site; or
(d) reliance upon or use of any Content by any person accessing any Content through your web site.
Advertising and links to other web sites
The Site contains links to third party sites (“Linked Sites”). Linked Sites may not be under the control of Proto Concepts, and Proto Concepts is not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (“Subsequent Link”). Proto Concepts provides these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by Proto Concepts or Proto Concepts Personnel. You link to any Linked Site or Subsequent Site entirely at your own risk.
The Site may also contain third party advertisements including banner ads, third party logos and information, material and documents relating to or provided by third parties ("Third Party Material"). The Third Party Material may contain embedded hyperlinks to web sites operated by third parties or their licensees or contractors (“Third Party Websites”). Neither Proto Concepts nor Proto Concepts Personnel recommends or endorses the products or services of those third parties. In some instances, the Third Party Material will contain representations or offers by the third party which you can accept by linking to the third party’s website and executing the relevant transaction. Such offers are not made by Proto Concepts or Proto Concepts Personnel, and the third party is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
Neither Proto Concepts nor Proto Concepts Personnel give any representation or warranty as to the reliability, accuracy or completeness of any Third Party Material on the Site, Third Party Websites, Linked Sites, or Subsequent Sites, nor do they accept any responsibility arising in any way (including negligence) for errors in, or omissions from such Third Party Material, Third Party Websites, Linked Sites or Subsequent Sites.
Various trade marks contained on the Site are registered in Australia and may also be registered in other countries. Nothing contained on the Site should be construed as being any licence or right of use of any trade mark displayed on the Site.
These General Conditions are governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from these General Conditions are subject to the exclusive jurisdiction of the courts in Victoria, Australia.
Linking to the Site
External parties may link to the following sections of the Site provided the conditions listed under the section Linking Conditions below are met.
Linking to the Home Page. Proto Concepts welcomes links to the home page of the Site, provided that the link is a text link only which directs to the home page of [www.thetoolboxcompany.com.au] and the link to the Site is identified clearly as such on your site.
Linking to other pages. Proto Concepts allows external sites to link to the following pages:
Shipping & Returns
Conditions of Use
Any link to the Proto Concepts website must not, deceive or mislead, nor suggest any relationship, endorsement or sponsorship between your site and the Site, nor place the link in any context which may breach any laws.
Proto Concepts is not liable and you agree to indemnify Proto Concepts to the extent that any such conduct is found to have occurred.
The link must be made in good faith, and must not in Proto Concepts’s reasonable opinion cause the Proto Concepts brand or any Proto Concepts trade mark to be viewed in a negative or potentially negative light and the link must not frame the Site.
No other linking is permitted unless it is the subject of a separate specific written agreement between you and Proto Concepts.
Proto Concepts access rights
You agree to allow Proto Concepts access to your web site at any time so that Proto Concepts can review whether you are complying with these Conditions. If requested by Proto Concepts, you must provide any passwords that are required to access your web site.
Proto Concepts can terminate your right to link to the Site at any time by placing a notice on this Site or by informing you directly. If we terminate your right to link to the Site, you must cease linking to the Site immediately.