- The Service. The TOOLBX service allows Users use to the TOOLBX App to order and pay for construction materials (“Goods”), to be delivered to job sites or addresses provided by Users (the “Service”).
- Account Registration. In order to access the Service, you must be a registered user. If you are a construction owner (“Owner”), you must create an owner account (“Owner Account”) to which you can invite your employees or agents to join. Individuals invited by Owners (“Employees”) must register for an employee account (“Employee Account”) to use the Service. All information provided must be true, accurate, current and complete. We will rely on the information you provide. Owners are required to provide valid credit card information to register (“Credit Card Information”), which credit card will be used for payment of Goods ordered through the Service by their Employees, as detailed below. Owners shall promptly advise TOOLBX if their Credit Card Information changes due to loss, theft, cancellation, expiry or otherwise and Owners shall be liable for any failure to pay Fees cause by out-of-date billing information.
End User License. The TOOLBX App, this Website, the Service and the information and materials that they contain, are the property of TOOLBX and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, TOOLBX grants you a non-transferable, non-exclusive, license to (a) access and use the Website and the Service for your use, and (b) download, install and use one copy of the Application on a mobile device that you own or control for your use (the “License”). The TOOLBX App is licensed to you and not sold. Nothing in the Terms gives you a right to use the TOOLBX or TOOLBX names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or TOOLBX App shall be subject to these Terms.
- Purchasing Orders. TOOLBX reserves the right to limit quantities of Goods available for sale or sold. TOOLBX reserves the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If the price of any product you ordered was incorrectly displayed on the Website or App, we will provide you with an opportunity to place an order at the correct price. TOOLBX also reserves the right to refuse any order You place with us. Advertisements of Goods for sale on our Website and App are invitations to Users to make offers to purchase such products and are not offers to sell. Your properly completed and submitted order form constitutes your offer to purchase the products or services referenced in your order (an “Order”). An Order is deemed to be accepted only if you receive a confirmation from TOOLBX via the App or to your email address indicating that a TOOLBX Runner has accepted the Order (“Runner Confirmation”).
- Employee Purchases. Employees are authorized to make purchases of up to $2,000 CDN per purchase, unless otherwise indicated by an Owner in the Owner’s account settings. OWNERS ARE SOLELY LIABLE FOR ANY PURCHASES MADE THOUGH EMPLOYEE ACCOUNTS ASSOCIATED WITH THE OWNER ACCOUNT.
- Other Conditions of Purchase. You must be 18 years old or otherwise the age of majority in your jurisdiction to register for an Account and Use the Service. The Service is currently only available in Toronto. Orders will only be delivered to eligible Job Site addresses in the city or cities where the Service is offered.
- Catalogue and Product Descriptions. All features, specifications, products and prices of products and services described on this Website are subject to change at any time without notice. We make no representation as to the completeness, accuracy, or currency of any information on this Website. We reserve the right to make changes in information about price, description, or availability without notice. We have made every effort to display as accurately as possible the colours of products that appear on the Service; however, the actual colour you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colours. The inclusion of any products or services on the Service does not imply or warrant that these products or services will be available over at any particular time.
- Delivery. Runners will deliver Goods purchased to the Job Site specified in your Order on the same day as purchase. TOOLBX is not responsible for delivery delays that may occur as a result of poor weather conditions, traffic or any force majeure.
- Returns/Refunds. ALL GOODS PURCHASED THROUGH THE TOOLBX APP AND WEBSITE ARE FINAL SALE. TOOLBX WILL NOT ACCEPT ANY RETURNS OR EXCHANGES OR PROVIDE ANY REFUNDS.
- Restrictions on Use of the Service. TOOLBX reserves the right at all times (but will have no obligation) to terminate User access to the Website, App or Service for any violation of these Terms. In using the Website, TOOLBX App and/or Service Users shall not:
- Make any purchases unless authorized to do so by an Owner;
- Copy any content unless expressly permitted to do so herein;
- Upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- Impersonate any person or entity or misrepresent their affiliation with a person or entity;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, provincial, national or international law or regulation;
- collect or store personal information about other users or individuals;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or TOOLBX App;
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the TOOLBX App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or register for the Service on behalf of a group or corporate entity.
You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
License of Content. Users may be able to upload certain content to the Website or the App (“User Content”). By submitting, posting or displaying any content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. TOOLBX will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
- Feedback. If You provide TOOLBX with any suggestions, comments or other feedback relating to any aspect of the Website, TOOLBX App and/or Service (“Feedback”), TOOLBX may use such Feedback in the Website or in any other TOOLBX products or services (collectively, “TOOLBX Offerings”). Accordingly, You agree that: (a) TOOLBX is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to TOOLBX, (c) TOOLBX (including all of its successors and assigns and any successors and assigns of any of the TOOLBX Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any TOOLBX Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from TOOLBX or any of the other users of the Website in respect of the Feedback.
- Links & Third-Party Websites. This Website (including User Content) may contain links to other websites that are not owned or controlled by TOOLBX. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by TOOLBX of that third party, third party product or service. TOOLBX is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that TOOLBX endorses or accepts any responsibility for the content or use of such websites, and You hereby release TOOLBX from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
- DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, TOOLBX APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” TOOLBX SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. TOOLBX DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND TOOLBX SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. TOOLBX WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL TOOLBX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, TOOLBX APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR TOOLBX APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF TOOLBX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TOOLBX’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) $10,000 CDN OR (B) THE AMOUNTS YOU’VE PAID TOOLBX IN THE PRIOR 12 MONTHS BEFORE THE CLAIM.
- Availability & Updates. TOOLBX may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service and/or TOOLBX App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. TOOLBX may periodically add or update the information and materials on this Website without notice.
- Security. Information sent or received over the Internet is generally unsecure and TOOLBX cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. TOOLBX will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the TOOLBX App or Service, please contact us at: info@TOOLBX.com.
Last Modified: November 21, 2017