Terms & Conditions
Welcome to Tools Australia (referred to as "Tools Australia", "we", "us", or "our"). By accessing or using our website, services, or purchasing a membership, you agree to be bound by these Terms and Conditions ("Terms"). Please read them carefully.
1. Company Information
2. Eligibility
To become a member of Tools Australia, you must:
- Be at least 18 years old
- Be a legal resident of Australia
- Agree to comply with these Terms and all applicable laws and regulations
Exclusions:
This offer is available to residents of all Australian states and territories excluding the Australian Capital Territory (ACT) and South Australia (SA), due to applicable permit restrictions. It is the sole responsibility of the customer to consult their respective state or territory's eligibility requirements prior to making a purchase. By proceeding with a purchase, the customer acknowledges that they have read, understood, and accepted these terms, and confirms their eligibility to participate.
3. Membership Types and Packages
Tools Australia offers two types of packages that provide entries into trade promotions and giveaways:
a. One-Time Packages:
- Single purchase providing entries into both Major Giveaway Competitions and Mini Draw Competitions
- Available in five tiers: Apprentice Pack, Tradie Pack, Foreman Pack, Boss Pack, and Power Pack
- Access to member discounts for specified period
- Entries credited immediately upon payment
- Valid for the current competition period as specified at time of purchase
- Entries do not carry forward to subsequent competition periods
b. Membership Packages (Monthly Subscription):
- Recurring monthly billing available in three tiers: Tradie, Foreman, and Boss
- Provide monthly accumulated entries into Major Giveaway Competitions
- Ongoing access to member discounts and benefits
- "Per giveaway" means per calendar month
Package Details: Entry numbers, pricing, and benefits for each package type are displayed on the website at time of purchase and confirmed via email.
Important: One-Time Packages provide entries to both Major Giveaway and Mini Draw competitions for the specified period. Membership Packages provide ongoing monthly entries that apply to only Major Giveaway competitions. Purchase confirmations clearly specify the number of entries and applicable competition periods.
4. Membership Fees and Billing
- Membership fees are outlined on our website and are non-refundable once purchased
- One-Time Packages are charged once for the chosen tier
- Membership Packages are billed on a recurring monthly basis according to the chosen tier
- You are responsible for maintaining accurate and up-to-date payment information
- Tools Australia reserves the right to change membership fees or plans at any time, with reasonable notice provided to members
- Billing Exception: If your billing cycle falls on the 25th, 26th, or 27th of any given month, you will be charged on the 24th instead. This is to give you sufficient time to sort out your payment and ensure eligibility for the upcoming monthly giveaway.
5. Competition Entries
5.1 Entry Allocation:
- One-Time Packages: Entries for both Major Giveaway and Mini Draw competitions for the specified period
- Membership Packages: Monthly accumulated entries apply to Major Giveaway competitions
- Additional entries may be offered via promotions, referrals, or free entry methods
5.2 Entry Limits:
- Entry limits specified in each competition's terms and conditions
- Mini Draws have a threshold based on One-Time Package entries sold. Once the specified number of One-Time Package entries are sold, the Mini Draw closes to new One-Time Package purchases and the draw is conducted.
- Maximum entries per member may apply as specified in competition-specific terms.
5.3 Entry Validity:
- Membership Package entries are accumulated monthly and carried forward as long as the subscription remains active
- One-Time Package entries do not carry forward to subsequent competition periods and are valid only for the period specified at time of purchase
- Upon membership cancellation or suspension, entries already credited remain valid for the current competition period only
- Suspended memberships may be eligible for entry restoration upon re-activation in accordance with Section 5.10
5.4 Repeat Winner Restriction:
- First Prize Winners cannot win another Tools Australia major giveaway for 10 months from date of win
- May still enter but entries ineligible for major prize selection during exclusion period
- Mini Draw prizes may have different repeat winner restrictions as specified in competition-specific terms
5.5 Employee Exclusion:
Tools Australia employees and immediate family (spouse, de facto partner, child, sibling) ineligible.
5.6 Entry Adjustments:
- Tools Australia may adjust entries to correct errors or as compensation
- Where feasible, errors rectified rather than entries cancelled
5.7 Competition Disruption:
If competition is impacted by system failure or force majeure, Tools Australia may re-run using existing entries or transfer entries to equivalent future competition.
5.8 Competition-Specific Terms:
- Each competition has separate terms and conditions
- Review competition-specific terms in addition to these general terms
- Mini Draws have specific One-Time Package entry thresholds and closure conditions.
5.9 Technical Failures and Notification Delays:
Tools Australia is not liable for any delays or failures in sending notifications, communications, or promotional messages (including SMS, email, or website notifications) due to technical issues, system failures, third-party service provider failures, or circumstances beyond Tools Australia's reasonable control. This includes but is not limited to:
- Delayed delivery of winner notifications
- Promotional messages sent outside the intended promotion period
- System downtime affecting communications
- Third-party messaging service failures
In such circumstances, Tools Australia will make reasonable efforts to rectify the issue and communicate with affected members. Where notifications are delayed due to technical failure, Tools Australia reserves the right to extend deadlines or make alternative arrangements on a case-by-case basis to ensure fairness. Members affected by such technical issues should contact hello@toolsaustralia.com.au for assistance.
5.10 Entry Restoration for Re-activated Memberships:
If a Membership Package subscription is suspended due to payment failure and subsequently re-activated within 90 days:
- Monthly accumulated entries that would have been credited during the suspension period may be restored at Tools Australia's discretion
- Restoration is subject to verification of payment and account standing
- Requests for entry restoration must be made within 7 days of re-activation via info@toolsaustralia.com.au
- Restoration applies only to standard monthly accumulated entries for Major Giveaway competitions, and specifically excludes Mini Draw entries, promotional entries, or bonus entries.
- One-Time Package entries are not eligible for restoration
- Entry restoration is processed within 48 hours of approval
Tools Australia reserves the right to decline restoration in cases of repeated payment failures (more than two suspensions within 12 months), suspected fraud, or abuse of this policy.
6. Cancellation and Termination
Membership Package Cancellation by You:
- Cancel anytime via account settings on the website
- Takes effect end of current billing period
- No refunds for unused portion
- Entries for current competition period remain valid
Termination by Tools Australia:
- For breach of terms, fraud, non-payment, or undermining competition integrity
- Immediate termination for serious breach; otherwise reasonable notice provided
- All access disabled upon termination
- No refunds except as required by law
7. Intellectual Property
- All website content owned by Tools Australia or licensed to Tools Australia
- Limited license for personal, non-commercial use only
- No reproduction, distribution, or modification without written permission
- Submitted content (photos, testimonials) grants Tools Australia royalty-free license for promotional use
8. Acceptable Use
You must not:
- Use services for unlawful purposes
- Access systems without authorization
- Use automated means (bots, scripts) to access site or manipulate entries
- Create multiple accounts to circumvent entry limits
- Engage in fraud or misrepresentation
- Interfere with site operation
- Attempt to exploit system vulnerabilities
You are responsible for account security. Notify us immediately of unauthorized access.
9. Privacy
- Personal information handled per Privacy Act 1988 (Cth)
- Collected information: name, contact details, payment information, account activity
- Used for: service provision, competition administration, payment processing, communications
- May be shared with third-party providers for payment processing, prize fulfillment, draw conduct, or compliance
- Retained only as long as necessary for service provision and legal obligations
- Your rights: access, correct, or request deletion via hello@toolsaustralia.com.au
- Full Privacy Policy available at https://www.toolsaustralia.com.au/privacy
10. Third-Party Links and Suppliers
- Site may link to third-party websites not controlled by Tools Australia
- Tools Australia not responsible for third-party content, policies, or practices
- Some prizes provided by third-party suppliers
- Tools Australia not responsible for third-party supplier issues beyond reasonable control, except where liability cannot be excluded under Australian Consumer Law
11. Disclaimers and Liability
Services provided "as is" without warranties. Tools Australia not liable for indirect, incidental, or consequential damages, except where liability cannot be excluded by law.
Australian Consumer Law: Nothing in these terms limits, excludes, or modifies consumer guarantees, rights, or remedies under Competition and Consumer Act 2010 (Cth) or Australian Consumer Law that cannot be lawfully excluded.
Maximum Liability: Tools Australia's total liability limited to amount paid by you in preceding 12 months, except where prohibited by law.
12. Responsible Participation
- Competitions involve chance; prizes not guaranteed
- Only spend what you can afford
- Assistance available: Gambling Help 1800 858 858 or hello@toolsaustralia.com.au for self-exclusion options
- Tools Australia may implement purchase limits at discretion
13. Tax
Winners solely responsible for any tax obligations. Seek independent tax advice.
14. Force Majeure
Tools Australia is not liable for failure due to events beyond reasonable control (natural disasters, pandemic, government restrictions, system failures, third-party service failures, telecommunications or internet disruptions, etc.).
15. Governing Law and Dispute Resolution
- These Terms are governed by and construed in accordance with the laws of Victoria, Australia and the Commonwealth of Australia.
- Any disputes arising out of or relating to these Terms are subject to the non-exclusive jurisdiction of the courts of Victoria.
- Where possible, disputes should be resolved through direct communication with Tools Australia before commencing legal proceedings.
16. Amendments
Tools Australia reserves the right to amend these Terms at any time by posting the amended Terms on the website. Your continued use of the Service after the posting of amended Terms constitutes your acceptance of the amendments.
17. Acknowledgment
By purchasing or using Tools Australia services, you confirm:
- You have read and agree to these terms
- You meet eligibility requirements
- You understand One-Time Packages provide entries to both Major Giveaway and Mini Draw competitions for the specified period
- You understand Membership Package entries are accumulated monthly and apply exclusively to Major Giveaway competitions.
- You are responsible for maintaining accurate contact details
For questions: hello@toolsaustralia.com.au