Disclaimer

GENERAL DISCLAIMER

1. The information contained on the website www.toptools.com.au (the 'Website') is provided by PAINTMAX PTY LTD T/A Top Tools Australia (ACN 113 971 421) (“We”, “Us”, “Our”) for general information purposes only.
2. While We endeavor to keep the information on the Website accurate, current, and complete, We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the Website or the information, products, services, or related graphics contained on the Website for any purpose.
3. Any reliance You place on information from the Website is strictly at Your own risk.

PRICING AND PRODUCT INFORMATION

1. IMPORTANT: Orders are subject to stock availability and correct pricing. Unfulfillable orders will be cancelled with a full refund.
2. Despite Our best efforts, product descriptions, specifications, images, pricing, and availability displayed on the Website may contain inaccuracies, errors, or omissions. Pricing may not reflect correct pricing due to typographical errors, system malfunctions, or other reasons.
3. Product images are for illustrative purposes only and may not accurately represent the actual product. Actual products may vary in appearance, color, dimensions, and specifications.
4. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information without prior notice, including after an order has been placed.
5. We reserve the right to refuse or cancel any order where pricing does not reflect correct pricing, even if an order confirmation has been issued.

WEBSITE OPERATION AND AVAILABILITY

1. The Website operates on the Neto Maropost e-commerce platform. While this is a professional, industry-standard system used by millions of businesses worldwide, We do not guarantee that the Website will be uninterrupted, secure, or error-free.
2. We may suspend, withdraw, or restrict access to the Website at any time without notice for maintenance, upgrades, security reasons, or any other reason.
3. We are not liable for any loss or damage arising from the unavailability, suspension, or malfunction of the Website or any system errors.

LIMITATION OF LIABILITY

1. Nothing in this Disclaimer excludes, restricts, or modifies any rights You have under the Australian Consumer Law or other legislation that cannot be excluded, restricted, or modified by agreement.
2. Subject to clause 4.1, to the maximum extent permitted by law:

1. We exclude all liability for any loss or damage, whether direct, indirect, consequential, incidental, special, or punitive, arising from or in connection with Your use of or inability to use the Website, including but not limited to:

• Loss of profits, revenue, business, data, goodwill, or business opportunity;
• Reliance on information, pricing, or product descriptions on the Website;
• Errors, inaccuracies, or omissions in content, pricing, or product information;
• Unavailability of the Website or any features or content;
• Unauthorized access to or alteration of Your transmissions or data;
• Security breaches, viruses, malware, or other harmful components; and
• Any other matter relating to the Website.

2. We are not liable for any loss or damage arising from cancellation of orders that are unfulfillable or do not reflect correct pricing, provided that We refund amounts paid.

THIRD-PARTY CONTENT AND LINKS

1. The Website may contain links to third-party websites, services, or resources. We do not control, endorse, or assume responsibility for third-party content.
2. We are not liable for any loss or damage arising from Your use of third-party websites or services. You access third-party websites at Your own risk.
3. Links to third-party websites are provided for convenience only and do not constitute an endorsement or recommendation.

NO PROFESSIONAL ADVICE

1. Information on the Website is not intended as professional advice and should not be relied upon as a substitute for professional consultation.
2. You should seek independent professional advice before making decisions based on information from the Website, particularly regarding technical specifications, safety requirements, or suitability for particular purposes.
3. We are not responsible for decisions You make based on information from the Website.

USER CONDUCT

1. You agree to use the Website only for lawful purposes and in accordance with Our Terms and Conditions.
2. You must not attempt to manipulate, exploit, or circumvent pricing, security measures, or technical limitations of the Website or the underlying Platform.
3. We reserve the right to report any suspected unlawful activity or security breaches to relevant authorities and to take legal action to protect Our interests.

INDEMNIFICATION

1. To the maximum extent permitted by law, You agree to indemnify, defend, and hold harmless PAINTMAX PTY LTD, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:
   1. 1. Your use of the Website;
      2. Your breach of these terms or any applicable law;
      3. Your violation of any third-party rights; or
      4. Any unauthorized or improper use of Your account.

CHANGES TO DISCLAIMER

1. We may update this Disclaimer at any time without prior notice. Updated versions will be posted on the Website with the 'Last Updated' date.
2. Continued use of the Website after changes constitutes acceptance of the updated Disclaimer.

GOVERNING LAW

This Disclaimer is governed by the laws of New South Wales, Australia. Any disputes arising from or in connection with this Disclaimer are subject to the exclusive jurisdiction of the courts of New South Wales.

CONTACT INFORMATION

If You have questions about this Disclaimer, please contact Us:

PAINTMAX PTY LTD

ACN: 113 971 421

Email: info@toptools.com.au

Website: www.toptools.com.au