Terms of Service

OVERVIEW

This website is operated by Obvious Tool Co Pty Ltd ACN 660 561 071 (“Obvious Tool Co”). Throughout the website, the terms “we”, “us” and “our” refer to Obvious Tool Co. Obvious Tool Co offers this website, including all information, tools and Services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Anything we sell on our website are referred to as our “Products” and any service we offer, including the website itself, is  referred to as our “Services”. By visiting our website and/ or purchasing something from us, you engage in our Product and Service offering, and agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms”), including those additional terms and conditions and policies referenced in these Terms & Conditions and/or available by hyperlink. These Terms & Conditions apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms & Conditions. If you do not agree to all of the Terms & Conditions, then you should cease accessing the website and you must not purchase or use any of our Products or Services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

Any new features or tools which are added to the current store will also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.

You may not use our Products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3  - ORDERS

You can place an order for our Products and Services through our website. Before submitting your order, you’ll have the chance to review and correct any mistakes.

After placing an order, you’ll receive an acknowledgement email confirming we received it. This does not mean your order is accepted. Once your payment is processed, we’ll send a confirmation email to confirm acceptance or dispatch of your order—this is when a binding agreement is formed between us.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

If we’ve already accepted and charged you for an order we can’t fulfill, we’ll issue a full refund, including delivery costs.

If you need to change your order, contact us as soon as possible. Changes may not be possible if the order has already been dispatched. You may still have cancellation rights (see “Your Right to Cancel”).

We may make minor changes to Products or Services after your order, especially if required by law. If a major change is needed, we’ll notify you. If you don’t agree and haven’t received the Product yet, you can cancel and receive a full refund.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

SECTION 4 – AVAILABILITY AND MODIFICATIONS TO THE SERVICES AND PRICES

Any order you may place with us on the website is subject to availability. We cannot and do not guarantee that any Product set out on the website will be available continuously or at any specific time.

The prices payable for Products that you order are set out on the website. If by mistake, we have under-priced a Product, we will not be liable to supply that Product to you at the stated price provided, that we notify you before you have received the Confirmation Email.

We reserve the right at any time to modify the description, pricing of or discontinue any Products without notice at any time.

We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 - PRODUCTS

Certain Products may be available exclusively online through the website. These Products may have limited quantities and are subject to return or exchange only according to our Returns & Warranty Policy.

We have made every effort to display as accurately as possible the colours and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. Any offer for any Product or Service made on this website is void where prohibited.

Other than as expressly set out in these Terms & Conditions, we do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - PAYMENT TERMS, BILLING AND ACCOUNT INFORMATION

You must pay for any Product order with your credit card, debit card or PayPal account. In the event you pay for a Product with your PayPal account, you acknowledge and agree to PayPal’s terms and conditions of service, which can be found here.

All payments are processed through Shopify. You acknowledge and agree that we are not responsible for any errors or omissions made by Shopify during the payment processing.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

If you believe you are entitled to a refund for any order, this will be subject to our Returns & Warranty Policy which can be found here.

SECTION 8 – DELIVERY, TITLE AND RISK

Any delivery charges payable are set out on the website and will be confirmed when you place an order with us for any Products.

Delivery will be made to the address specified by you when you placed your order with us, so please take care to specify the correct delivery address.

In case of delivery date of the Products, we will:

a.   seek to deliver the Products as soon as possible, having regard to availability of Products, and our delivery partners; or

b.   we will deliver the Products on the selected delivery date; or

c.   we will contact you to confirm the delivery date after you have placed your order.

If we are unable to deliver the Products on an agreed delivery date we will let you know as soon as possible after we become aware of the impossibility of delivery on the agreed date.

If we or our delivery partners are able to provide you with more information in relation to delivery closer to the time of delivery, we will do so. All delivery dates are estimates.

If our supply of the Products is delayed as a result of an event which is outside our control, we will contact you as soon as we are able to, using the details you provided to us when you placed an order, to inform you of the delay and likely duration of delay. If the delay is likely to exceed 35 days from the date the order was confirmed, you have the right to terminate that part of the order with us and receive a refund for any Products paid for but not received.

In relation to Products ordered on our website, you will be responsible for the Products from the time delivery is made to the relevant address (in accordance with these Terms & Conditions) and you will own them once we have received payment in full. In the case that you elect with the delivery partner to leave the Products in a safe place, we will not be responsible to you if the Products do not reach the intended destination or are damaged or removed from the destination by a third party.

If you make a mistake when entering the delivery address and we have not yet dispatched the supply of Products, please contact us as soon as possible and will try to rectify this but you may be required to pay certain additional delivery charges, for instances if delivery is to a different country.

If you seek to change the delivery address after we have sent you a Confirmation Email, we will not be responsible to you if the Products do not reach the intended destination unless we have specifically confirmed to you in writing that we can deliver to such amended address even after the original dispatch.

If no one is home when the Products are delivered and we cannot post them through the letterbox, we or our delivery partners may leave the parcel at a local post office or collection point. If that is not practical, we will seek to re-arrange delivery (additional charges may be payable for re-delivery if specified when you placed your order and confirmed in the Confirmation Email).

In the event we are unable to contact or agree with you for re-delivery of the Products despite several attempts, we may terminate our agreement on reasonable notice to you.

SECTION 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s) (including terms of any supply, warranty and instructions and guidelines for use and maintenance).

We may also, in the future, offer new Products, Services and/or features through the website (including the release of new tools and resources). Such new features, Products and/or Services will also be subject to these Terms & Conditions.

SECTION 10 - THIRD-PARTY LINKS

Certain content, Products and Services available via our Service may include materials from third-parties.

Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, Products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party Products should be directed to the third-party.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and will be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 – INTELLECTUAL PROPERTY

For the purposes of this Section 12, “Intellectual Property Rights” means copyright, trademark, design, patent, semiconductor or circuit layout rights and any other rights whether or not they are registered or registrable, relevant to, among other things, the textual, graphical, audio and other information, content, data or material.

You acknowledge that we own all Intellectual Property Rights in the Products and Services.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products or Services without our prior written consent.

You must not transmit any worms or viruses or any code or content of a destructive nature that may harm or disrupt the Service.

SECTION 15 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the website or its content:

a.   for any unlawful purpose;

b.   to solicit others to perform or participate in any unlawful acts;

c.   to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

d.   to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

e.   to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

f.   to submit false or misleading information;

g.   to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

h.   to collect or track the personal information of others;

i.   to spam, phish, pharm, pretext, spider, crawl, or scrape;

j.   for any obscene or immoral purpose; or

to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 16 – DISCLAIMER, WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the website will be accurate or reliable.

We provide express and specific warranties in respect of the Products we manufacture. You can find the terms of those warranties in our Returns & Warranty policy. Each Product is sold subject to these Terms & Conditions, as well as the terms contained in our Returns & Warranty policy.

Other than as set out in the Returns & Warranty policy, or as expressly required by applicable laws, the Services and all Products are (except as expressly stated by us in these Terms & Conditions) provided 'as is' and 'as available' without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case will Obvious Tool Co, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any Products procured using the Service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

You expressly agree that your use of, or inability to use, the Product or our website is at your sole risk.

All products supplied by Obvious Tool Co must be used strictly in accordance with their intended purpose, specifications, and any accompanying instructions or guidelines. To ensure safety, durability, and optimal performance, you must:

• use the Products only for their intended purpose, in the case of tool belts this is carrying tools and accessories within the weight and capacity limits specified;
• avoid overloading or modifying the Product in any way that might compromise its structural integrity or safety;
• follow all use, care, cleaning and maintenance instructions provided with the Product;
• wear the Product securely and positioned correctly;
• not use or rely on the Product as a safety harness or apparatus in any way. Note the Products are in no way a form of personal protective equipment;
• ensure tools are properly secured in the Products at all times;
• ensure our Products and any tools stored in them do not come into contact with structures or surfaces that could be damaged by our Product or your tools, or could damage our Product or your tools;
• not store uncovered blades or similarly sharp items in the Product where it may pierce through the Product and cause damage to the Product; and
• regularly inspect the Product for signs of wear, damage or deterioration and discontinue use if any such issues are found.

Failure to follow proper use guidelines may result in damage to the product or other property, personal injury, or voiding of any applicable warranties. Obvious Tool Co accepts no liability for any loss, damage, or injury arising from misuse, modification, or failure to follow product-specific instructions.

It would be impossible for us to make Products that are compatible with every type and brand of tool on the market. For that reason, we cannot guarantee that our Products are compatible with every type and brand of tool on the market. You agree that you are responsible for ensuring your tools properly and safely fit in our Products and remain secured in our Products at all times. We are not responsible for any damage that might occur to your property or anyone else’s in the event tools fall from one of our Products.

Each Product may have specific usage instructions, safety guidelines, and care or cleaning requirements. Please refer to the product-specific documentation or labelling for detailed information.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.

Other than as set out in these Terms, the parties agree that any liability for a Claim against us will be limited to the lesser of:

a.   the re-supply of defective Products or Services (if applicable);

b.   the cost of the re-supply of the defective Products or Services in question (if applicable); or

c.   the contract price of the original supply of the Products or Services.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Obvious Tool Co and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms & Conditions, such determination will not affect the validity and enforceability of any other remaining provisions.


SECTION 19- TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.
These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions , we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20 - OUR RIGHT TO CANCEL

In relation to Orders for Products

In certain circumstances, we may terminate the agreement with you, for instance if you have failed to pay us for certain Products or where do you not allow us to deliver the Products (such as by failing to provide us with access as required). In such cases, you may be responsible for paying us compensation according to law.

We may also cease to supply certain Products and in this case, we may terminate the Agreement but where you have already paid but not yet received them, we will reimburse you in full for the costs paid.

In relation to your use of the Website

You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate these Terms & Conditions at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services and/or website (or any part thereof).

SECTION 21 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms & Conditions will not constitute a waiver of such right or provision.

These Terms & Conditions  and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).

Any ambiguities in the interpretation of these Terms & Conditions must not be construed against the drafting party.

SECTION 22 - GOVERNING LAW

These Terms & Conditions and any separate agreements whereby we provide you Services will be governed by and construed in accordance with the laws of Australia.


SECTION 23 - CHANGES TO TERMS & CONDITIONS

You can review the most current version of the Terms & Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.


SECTION 24 - CONTACT INFORMATION

Questions about the Terms & Conditions should be sent to us at sales@obvioustoolco.com.
Our contact information is posted below:
OBVIOUS TOOL CO.
info@obvioustoolco.com
ABN: 56 660 561 071