Terms and Conditions

1    Introduction

1.1    Thank you for visiting www.retailtoolbox.com.au.  We hope you enjoy your experience while taking advantage of everything Retailtoolbox has to offer!

1.2    By accessing and using Retailtoolbox you accept and agree to be bound by these Terms and accordingly you should review them carefully.  If you do not accept these Terms you must not access or use Retailtoolbox.

1.3    Our Privacy Policy and all other notices and communications We provide through Retailtoolbox will form part of and be subject to these Terms.   To the extent of any inconsistency or conflict between this information and these Terms, these Terms will prevail.

1.4    We may change these Terms at any time without notice. Please access Retailtoolbox and review these Terms regularly to ensure you are aware of any changes made.

2    Definitions

Account means a Retailtoolbox account registered through the Site by a user.
Application means a method of accessing Retailtoolbox other than navigating to the Site using a web browser.
Copyright Infringement Claim means a notice to Us which includes

(a)    the identification of your copyrighted work which has allegedly been infringed on Retailtoolbox;
(b)    a description of the alleged infringing Content on Retailtoolbox;
(c)    your name, address and contact details so that we may contact you if further investigation of your claim is required; and
(d)    declarations that:

(1) you have not at any time granted Us permission, either directly or pursuant to these Terms, to use your copyrighted work in relation to Retailtoolbox; and
(2) the information provided in the Copyright Infringement Claim are accurate and truthful.

Comments means any Content, votes or any other material submitted to Retailtoolbox by a Member.

Content means data, information, text, blogs, images, movies, animations and any other digital media whether currently existing or not that may be displayed, delivered through or otherwise embodied in Retailtoolbox.

Digital Product means a product which is delivered electronically to the purchaser via the Internet.

Direct Communication means email, SMS, instant message or any other direct electronic communication.

Intellectual Property means all present and future rights to trade marks, domain names, logos, patents, inventions, copyrights and all similar rights in any part of the world whether registered or unregistered, which directly or indirectly relate to any information, media or process utilised by or embodied in Retailtoolbox.

Member means a Free Member or Paid Member.

Membership Fee means any fee required to become or maintain the status of Paid Member.

Moral Rights has the same meaning as defined in the Copyright Act 1968 (Cth).

Paid Member means a Registered Member that has complied with the requirements in clause 6.

Physical Products means any product which is not a Digital Product.

Products means Physical Products and Digital Products.

Registered Member means a person that has registered an Account.

Retailtoolbox means the Content, information, features, Tools and Services we make available through the Site, Applications or any other online channel, software, devices or networks whether currently existing or developed in the future.

Services means any service offered on Retailtoolbox.

Site means all web pages located at http://www.retailtoolbox.com.au including all sub-domains and related sites of Retailtoolbox.

Terms means these website terms and conditions between you and Us.

Transaction means any purchase or payment facilitated by or completed via Retailtoolbox.
Tools means online calculators and other analytical tools, templates, formulas or software available through Retailtoolbox which can analyse user provided data and generate reports and other outputs based on that data.

Us, We and Our mean Retailtoolbox Pty Ltd of North Sydney, New South Wales Australia 2059.

3    Access and use of Retailtoolbox

3.1    Subject to these Terms, you may access and use Retailtoolbox at no charge and without registering an Account.

3.2    You acknowledge and accept that access to and use of parts of Retailtoolbox may:

(a)    be restricted to Members;
(b)    be subject to terms and conditions in addition to these Terms; or
(c)    require payment,
and the imposition or removal of any access or use restrictions for any part of Retailtoolbox is at Our sole discretion.

4    Privacy
We are committed to protecting your privacy.  Please refer to Our Privacy Policy for further details on how we collect and protect your information.

5    Registering an Account and becoming a Registered Member

5.1    To register an Account you must:

(a)    validly enter your email address, a password and all other information requested in the registration section of the Site; and
(b)    signify your acceptance of these Terms.

5.2    Accepting these Terms is an important part of the registration process and you should carefully read these terms before registering an Account on Retailtoolbox.

5.3    You must keep your Account password confidential.  You are responsible for any activities or transactions made using your Account and we are not liable for any damage or loss which results from unauthorised access to your Account.  You must immediately notify Us of any unauthorised access or use of your Account of which become aware via the Contact Us section of the Site.

5.4    Your Account is not transferrable and you may only register one Account.

5.5    Registering an Account and becoming a Registered Member is free.

6    Paid Members

6.1    To become a Paid Member, you must:

(a)    be a Registered Member;
(b)    review and accept any additional terms and conditions which apply specifically to Paid Members and are displayed during the Paid Member registration process or elsewhere on Retailtoolbox; and
(c)    pay the Membership Fee.
6.2    Any terms and conditions which specifically relate to Paid Membership will apply in addition to these Terms.

6.3    The Membership Fee must be paid annually.  To maintain your status as a Paid Member you must pay any Membership Fee by its due date.  Failure to pay Membership Fees within the required time may result in the forfeiture of your Paid Member status and all related access and use privileges for Retailtoolbox.

7    Content

7.1    We derive Content from sources which We believe are accurate and up to date as at the time of publication, however we do not make any representation or warranty as to the currency, reliability, accuracy or completeness of any Content provided via Retailtoolbox.

7.2    While we use reasonable commercial endeavours to update Content embodied in Retailtoolbox, you indemnify and release us from all liability for any claim or loss that directly or indirectly results from your reliance on any Content provided on Retailtoolbox.

7.3    We may engage third parties to author, design or provide Content for inclusion in Retailtoolbox.  You acknowledge and agree that in relation to all Retailtoolbox Content contributed by third parties:

(a)    any views or opinions expressed in that Content are the views and opinions of that third party and not Ours; and
(b)    despite any attribution of authorship or lack thereof, the responsibility and liability for ensuring the accuracy, legality, completeness and currency of Content lies exclusively with the third party who provided it.

8    Tools

8.1    Retailtoolbox may enable you to upload and analyse data using online Tools.

8.2    You acknowledge and accept that when using Tools:

(a)    the processing, analysis and outputs generated by Tools are dependant on the accuracy and suitability of the data you provide and input into the Tool;
(b)    any Tools provided on Retailtoolbox utilise processes and calculations which are intended to have a general application and accordingly may not be suitable for your specific requirements; and
(c)    all Tools, and any output generated by Tools, are intended to provide guidance only and any reliance you place on the outputs and results generated by Tools is entirely at your own risk.

8.3    All data and information you upload to a Tool will be handled in accordance with Our Privacy Policy.

9    Transactions

9.1    Only Members are permitted to make Transactions through Retailtoolbox. 

9.2    Examples of Transactions can include but are not limited to:

(a)    orders and payment for Products or Services; and
(b)    payment of Membership Fees.

9.3    All Transactions made through Retailtoolbox will be covered by these Terms and any additional terms or conditions displayed during the finalisation of the Transaction.

9.4    All Products and Services offered on Retailtoolbox are subject to the restrictions and disclaimers contained in these Terms in addition to any other conditions which apply to that Product or Service.

9.5    By completing a Transaction you agree to pay all amounts related to the Transaction including all taxes and delivery charges by the relevant due date.  Once a Transaction is completed on Retailtoolbox it can not be cancelled or reversed.

9.6    You acknowledge and accept that for any Transaction related to Products or Services supplied by third parties:

(a)    Retailtoolbox only facilitates your purchase of those Products or Services from the relevant third party supplier and is not responsible for the supply of the Products or Services;
(b)    those Products or Services may be subject to additional third party terms and conditions.  You should review these terms and conditions before making any Transaction for third party Products or Services;
(c)    any description or images on Retailtoolbox of third party Products and Services are provided by the relevant third party supplier and not Us;
(d)    to the extent permitted by law and in addition to any other part of these Terms, We accept no liability for any loss or damage directly or indirectly related to any third party Product or Service purchased through Retailtoolbox, including a third party’s inability to supply a particular Physical Product or Service; and
(e)    any warranty claims related to third party Products or Services purchased through Retailtoolbox will lie with the third party supplier of the Product or Service and not Us.

9.7    Subject to clause 9.8(c), the safe and timely delivery of any Product purchased through Retailtoolbox is the sole responsibility of the supplier of that Product.

9.8    You acknowledge and accept that, while We make all reasonable commercial efforts to ensure Transactions occur in a secure environment, transacting through the Internet has inherent risks and We are not responsible for any unauthorised:

(a)    interception, modification or diversion of a Transaction request or delivery of a Digital Product;
(b)    access or copying of details relating to a Transaction (including personal or financial information); or
(c)    failure to deliver a Digital Product, where that failure is not directly caused by Our deliberate actions.

9.9    We reserve the right to modify, suspend or cancel any Transaction for any reason.

10    Communications from Us

All Direct Communications from Us to you will be in accordance with our Privacy Policy.

11    Communications from you

11.1    Members may submit or post Comments on different sections of Retailtoolbox.

11.2    By submitting a Comment on Retailtoolbox you grant Us a non-exclusive, irrevocable, perpetual, royalty free and worldwide right to use and deal with your Comment as if We were the author or creator of the Comment.

11.3    You agree that you will not enforce any Moral Rights you may have in any Comment submitted to Retailtoolbox and you agree that we may use your Comments in any manner which we see fit without acknowledgement or reference to your Moral Rights.

11.4    Any Comments submitted to Retailtoolbox become Our property as at the time of submission.

12    Closing your Account

12.1    You may cancel your Membership and close your Account at any time.

12.2    We reserve the right, without notice to you and at Our complete discretion, to refuse to register your Account or close your Account if we believe you:

(a)    have breached any part of these Terms;
(b)    are likely to breach any part of these Terms; or
(c)    have acted against Our business interests or Reputation.

12.3    You will not be entitled to recover any Membership Fees if your Account is closed in accordance with this clause 12.

13    Intellectual Property

13.1    By accessing and using Retailtoolbox you acknowledge and agree:

(a)    We own all right, title and interest in the Intellectual Property and you will not hinder, impede, invalidate or challenge Our ownership or entitlement to use or register any part of the Intellectual Property in any way, or do any act which may diminish the value of the Intellectual Property;
(b)    any use, downloading, copying, adaption, modification, communication or reproduction of any part of Retailtoolbox or the Intellectual Property is strictly prohibited unless necessary for and incidental to your access and use of Retailtoolbox; and
(c)    you must not otherwise copy, upload, communicate, modify, transmit, reproduce, distribute or in any way exploit any of the Site, the Content or the Intellectual Property or Services.

13.2    Certain software and other content provided or available through Retailtoolbox may be stated to be subject to special or additional rules or conditions which will form part of these Terms.

13.3    You agree to use the Retailtoolbox for lawful purposes only.

14    Copyright Infringement Claims

14.1    If you genuinely believe that any part of Retailtoolbox infringes your copyrighted work you must mail a signed Copyright Infringement Claim to:

Attn: Copyright Claims Officer
PO Box 1827
North Sydney NSW 2059.

14.2    We will assess your Copyright Infringement Claim in good faith and notify you of any outcome.  You agree that Our determination of any Copyright Infringement Claim is final and no correspondence will be entered into.

15    Modifying and terminating Retailtoolbox

15.1    We reserve the right to modify, update or terminate Retailtoolbox or any part of Retailtoolbox at any time and at Our absolute discretion, without notice or liability to you.

15.2    Any change or modification to Retailtoolbox or these Terms is effective immediately upon them being posted on Retailtoolbox. If any such change or modification is unacceptable to you, you must not use the Site. If following any such change or modification you continue to use the Site, Services or Content, then you will be deemed to have accepted those changes or modifications.

16    Hyperlinks

16.1    We have no control over and are not responsible for the content of any third-party:

(a)    site for which a hyperlink is provided or displayed on Retailtoolbox;
(b)    site framed within Retailtoolbox; or
(c)    advertisements displayed on Retailtoolbox.

16.2    We expressly disclaim (and do not endorse or verify) the accuracy or reliability of content on third-party websites described in clause 16.1.

16.3    Hyperinks are provided on Retailtoolbox for your convenience only and may not be current or operational. Our use or inclusion of a hyperlink on Retailtoolbox is not an endorsement, approval or recommendation of the linked website or its content.

16.4    We are not responsible for the content or privacy practices associated with third-party websites and accessing these sites you should read their terms, conditions and privacy statements.  Your use of or reliance on any third-party website is at your own risk absolutely.

17    Disclaimer


17.2    You recognise the limitations of consultations or advice without examination, testing or investigation and never disregard tailored, independent and qualified advice or delay seeking it, because of something you have read on the Site.  A website or article can never be a substitute for an independent consultation.

17.3    If you have a question or concern about the appropriateness or application of anything on Retailtoolbox you must seek advice from a relevantly qualified business consultant.

17.4    We make no representation and give no warranty or undertaking (express or implied) as to the currency, accuracy, completeness, effectiveness or reliability of Retailtoolbox or Content for any particular purpose or specific business or that Retailtoolbox can be used in relation to any business in substitution for proper specialised independent advice.

17.5    We disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from your reliance upon Retailtoolbox or Retailtoolbox’s inability to meet your needs.

17.6    The use of and your reliance upon Retailtoolbox is entirely at your own risk. When using Retailtoolbox information will be transmitted over a medium which may be beyond Our or Our suppliers jurisdiction or control.  Information and files available from Retailtoolbox cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly.  We do not warrant and cannot ensure the security of any Content you may transmit to Retailtoolbox.

17.7    We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of Retailtoolbox which is beyond our direct control.  For the avoidance of doubt We do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of Retailtoolbox.

18    Liability

18.1    To the fullest extent permitted by law:

(a)    all conditions and warranties concerning Retailtoolbox (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded and in respect of those statutory warranties which can not be excluded for any Products or Services provided by Us, Our liability to you is limited to the remedies contained in section 68A of the Trade Practices Act 1974 (Cth), which you agree it your only remedy;
(b)    in no event will We, Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on Retailtoolbox be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from the use of or inability to use Retailtoolbox, whether arising under statute or in contract, tort or any other legal doctrine, and whether or not We are or ought to have been aware of, or advised of the possibility of such loss, costs or damages;
(c)    We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of Retailtoolbox; and
(d)    remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.

19 Printed Point of Sale Products

19.1 Printing

Retailtoolbox point of sale tickets and posters are printed on one side of the paper or card only.

19.2 Paper stock

We use paper and card stocks that we consider suitable for general use in retail stores. Paper and card stock is not suitable for food displays or any display where heat and moisture is present. Please contact us for alternative options if you wish to use your tickets in situations where heat or moisture may be present.

19.3 Colour reproduction

Although we have made every effort to accurately display the colours in our product colour options, the colours that you view on your computer screen may be different from the actual printed colour of printed point of sale products purchased in our store. We cannot guarantee that your computer screen’s display is an accurate representation of any colour sample on this website.
You should not rely on the colour that appears on your screen. All of our colours come with a Pantone Colour Matching System (PMS) number for Coated Paper and we recommend that you should check the PMS code in a Pantone book for Coated Paper before ordering.

19.4 Print Sizes

All print sizes are shown in metric measurements throughout this website. 

20  General

20.1    To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.

20.2    Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.

20.3    We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.

20.4    These Terms are governed by and construed in accordance with the law of the State of New South Wales and the Commonwealth of Australia, and you irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia.

Disclaimer: Retailtoolbox Pty Ltd How to Guides, Tools, Retail Formula and calculators are provided as general guidance only. Responsibility for any decisions made from using these Guides, Tools, Retail Formula or Calculators and relating to a specific business lay with the user and not Retailtoolbox Pty Ltd. Tools and Calculators are supplied in a fixed excel format with formula security protected at the time of delivery with only input cells open to change. Retailtoolbox Pty Ltd takes no responsibility should formulas be altered or changed from the original. For full Terms & Conditions please refer on our website: retailtoolbox.com.au. © Copyright 2011 Retailtoolbox Pty Ltd, All rights Reserved.