Welcome! UTOOL.com.au is an online business that is owned and operated by UTOOL Enterprises Pty Ltd (ABN: 26 129 689 452) and is known and referred to throughout this document as UTOOL for short. In this document, the words 'us', 'our' and 'we' mean UTOOL, and the words 'you' and 'your' refer to you as a user of our web portal and our services. The word 'user/s' may refer to you or to others who use the UTOOL service.

Website means the home page and all pages accessible at www.utool.com.au (a.k.a. UTOOL.com.au) and all other Websites which re-direct to UTOOL.com.au

Website User means any person who obtains access to the Website and its web pages including natural persons, corporations or associations

Service Provider means any person (including natural, incorporated an or an association) that is able to perform the services requested by a Job Owner

Job Owner means any person who would like modifications or rectification work done to a property by a Service Provider or a tradesperson and posts a job on the Website.

Registered Member means any person who completes the online registration form on the Website or signs up over the telephone or otherwise and is able to access the member functions of the Website by using a unique email and password.

If you object to any of the Conditions of Use or any subsequent changes and/or additions to them, or become dissatisfied with your use of the UTOOL service in any way, you must not use the Website or become a Registered Member. If you have enquiries or wish to provide feedback about or negotiate our Conditions of Use please feel free to email feedback@UTOOL.com.au or contact us by telephone. It is important to note that these Conditions of Use shall not affect your rights that are expressly protected by statute.

Please take sufficient time to review and understand these Conditions of Use, and we invite you to print out or save a copy for future reference. If you use or continue to use UTOOL and its associated services, you agree that you accept and will honour the Conditions of Use and any subsequent changes and/or additions made by UTOOL to these Conditions of Use as amended from time to time.

All current terms and conditions will remain posted on the UTOOL.com.au site as amended and may be amended from time to time without any notice to you. From the time of any amendment to the Conditions of Use, any amendments posted will apply to every new and existing User of the Website instantly. It is a strict condition of use that you will familiarise yourself and remain familiar with the Conditions of Use and Privacy Policy by reviewing them from time to time.

We reserve the right to withdraw or amend the UTOOL service without notice. UTOOL currently operates within Australia, but may be accessed from other countries for the purposes of posting jobs for completion at properties in Australia. Access from other countries, either individually or collectively, may be allowed or disallowed in the future. Access to UTOOL.com.au is dependent upon availability of the World Wide Web and we accept no responsibility for your inability to access our site arising out of circumstances beyond our reasonable control, or for any interruption, delay or impairment in the functioning or operation of UTOOL.com.au, exposure to or transmission of any computer virus, or malfunction in equipment or software.

Registered Members consent to be contacted via any means by which they provide their contact details to UTOOL such as email, SMS, facsimile, telephone, mobile, post, message via their online account or any other means of communication.

Website Users consent to the publication of their jobs and personal and/or business information. We reserve the right to publish all such information on the World Wide Web to the full extent as allowed by law. We reserve the right to charge a fee at any point in time in the future to Website Users for existing and additional features/functions of the Website. UTOOL will notify the Website Users of any fees by publishing a Schedule of Fees on the Website at least seven (7) days prior to implementing the fees payable.

At any time UTOOL may at its discretion change, suspend or terminate access to the Website including but not limited to content, hours of availability and any equipment required for access. At any time UTOOL may at its discretion change, suspend or terminate access to the Website including but not limited to content, hours of availability and any equipment required for access.

Without limiting other remedies available to UTOOL at law, in equity or under these Conditions of Use, we reserve the right to disable your access to UTOOL.com.au at any time if, in our opinion:

• you have failed to comply with or violated any of the provisions of the Conditions of Use;
• we are unable to verify or authenticate any information you provide to us;
• we believe that your actions may cause legal liability to you, UTOOL users or UTOOL;
• you are posting jobs without the best intention to have the said jobs undertaken by Service Providers on UTOOL.com.au;
• you are using the Website with the intention to monitor Website activity or to replicate our processes, content or code outside of UTOOL;
• you are using UTOOL to post defamatory comments about competitors/users without justification;
• you have provided profile information which is incorrect, false, or misleading including but not limited to information relating to qualifications, insurance and licenses held;
• setting up multiple accounts and engaging in uncompetitive behaviour; or
• any other just cause.

If this happens we may notify you by email. If your use of UTOOL.com.au is disabled, you will no longer be permitted to access UTOOL.com.au or use any UTOOL service with your registered email address or any other email address, however you will continue to be subject to and bound by all conditions as outlined in these Conditions of Use. Furthermore, all limitations of UTOOL's liability, your warranties and indemnifications as outlined in these Conditions of Use will survive.

Website Users have the sole responsibility to ensure that they do not violate these Conditions of Use now, or as they are amended from time to time.

When UTOOL runs user promotions or competitions, these Conditions of Use may be modified and additional terms and conditions may be implemented, which will be communicated to you by posting them on UTOOL.com.au at the time of such promotions or competitions. A copy of these additional terms and conditions may also be supplied to you in electronic or printed form, should you request it.

Registered Members consent to allow UTOOL to use their personal contact or business details to be contacted for promotions and competitions and also consent to allow UTOOL to communicate such details to third parties so as to be used for any marketing and promotional purposes. Registered Members may notify UTOOL by emailing privacy@UTOOL.com.au should they not wish to be contacted for marketing and promotional purposes by UTOOL. You acknowledge that we do not warrant that third parties will not use your details for improper purposes.

Service Providers warrant that they hold sufficient qualifications and experience to comply with all statutory requirements when offering the services or accepting an offer to perform any services to Job Owners.

Website Users hereby warrant that all statements and information (both text and pictorial) provided to UTOOL and subsequently posted on the Website will be true, correct and accurate and will NOT be false, misleading or deceptive in any way shape or form. Website Users also warrant that they are authorised to publish photographs, pictures or any other graphical material prior to causing such material to be posted on the Website.

Commentary, information, opinions and other materials posted on UTOOL.com.au are for general information purposes only. They are not intended as advice and should not be relied upon without your own verification. Any reliance on any such opinion, advice, statement, or other information shall be at your own risk. As a user of UTOOL.com.au, you should make your own inquiries and get independent and professional advice based on your exact circumstances prior to making any decisions connected with acquiring or selling a product or service via UTOOL.

The information on UTOOL.com.au may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the information. We reserve the right, at our sole discretion, to correct any errors or omissions in any portion of UTOOL.com.au and to make any changes to the features, functionality or content of the web portal and Website at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content on UTOOL.com.au. We do not represent or warrant that UTOOL.com.au will be free of viruses, or free of errors, or that any defects will be corrected.

To the fullest extent allowed by the law, we disclaim all liability and responsibility arising from any reliance placed on such information and all terms, representations, conditions or warranties that might otherwise be implied in these Conditions of Use are excluded. UTOOL will not be liable for any damages whatsoever arising out of any action or decision by you in reliance on the information on or provided to you through UTOOL.com.au or provided by any Service Provider you engage on UTOOL.com.au, or any Website User who engages you on UTOOL.com.au.

During your use of the UTOOL Website and its functions, you may come into contact with individual people and businesses, sole traders or companies (known henceforth in this document as user/s) that may wish to enter into an agreement with you to provide or receive goods or services. 

In this regard, you understand and agree to the following:

• UTOOL cannot and will not confirm each user's identity, nor their claims as to qualifications or insurance held.  You must make your own independent queries in this regard. You agree to release UTOOL for all claims in equity and law in the event that you deal with persons who have provided you with inaccurate information or insufficient insurance cover.
• UTOOL does not make any representation or warranty that any Website User is reputable, or that they will act in good faith, or that they will act according to the terms of engagement agreed upon by you and them. The feedback score for a user is an aggregate of other users’ feedback ratings and is designed to assist you to evaluate the user with whom you are dealing and to make decisions accordingly.
• UTOOL.com.au is an online platform for Job Owners to post jobs and for Service Providers to quote on those jobs. We are not involved in the actual transaction between Job Owners and Service Providers. As a result, we have no control over the truth or accuracy of posted jobs, the quality, safety or legality of the services quoted or advertised, the ability of Service Providers to perform and complete the work, or the ability of the Job Owner to pay for the work.
• UTOOL does not become involved in any dealing between users of UTOOL. We do not guarantee the truth or accuracy of any posting, nor do we warrant the ability of any user to provide or to buy services. We do not guarantee that any user will actually complete a transaction or act in accordance with the law when using UTOOL.com.au.

UTOOL sends emails and notices regarding the status of your matters and in relation to your UTOOL account. Our emails and notices do not represent any guarantee or endorsement of your transactions.

You are responsible for completing all transactions in which you participate (including monitoring the status and complying with all relevant legal and other obligations). We do not control, endorse or approve the services to be rendered or actually rendered by Service Providers to Job Owners via UTOOL.com.au.

By using UTOOL.com.au, you indemnify and release UTOOL.com.au and its partners, affiliated companies, agents, officers, directors, and employees against and from any claims or demands of any nature including but not limited to legal fees, made by you or any third party due to or arising (directly or indirectly) out of your breach of these Conditions of Use or your violation of any law or the rights of a third party.

Users of the Website hereby indemnify UTOOL for any claims or demands that may arise (directly or indirectly) out of any statements or information (both text and pictorial) that you ask UTOOL to publish or is published using the functions and/or features of the Website.

UTOOL's liability in connection with any claim arising out of or relating to the Website, and the information, products and/or services provided in connection with the Website portal shall be limited to the amount paid (if any) to UTOOL by you (being either Job Owner or Service Provider) for any claims that may arise as against UTOOL at any point in time.

You shall hold UTOOL and our partners, affiliated companies, agents, officers, directors, employees harmless against all liabilities, losses, claims and expenses, including reasonable legal fees, incurred by the same in connection and/or arising out of your breach of the terms of these Conditions of Use.

As a user of UTOOL.com.au, you agree that UTOOL will not be liable to you, at equity or law, under any circumstances for any losses or damages or loss of profits of any nature which result, either directly or indirectly from:

• the use of or access to or the inability to use or access UTOOL.com.au, or any material on UTOOL.com.au;
• fraudulent or unauthorised access to your account, transaction or data connected with the Website; or
• statements or conduct of any third party on UTOOL.com.au.

UTOOL is an independent party from its Website Users, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is created or intended by these Conditions of Use or your use of UTOOL.com.au or UTOOL services.

If, by reason of any event of Force Majeure which was outside our control, either we were delayed in, or prevented from, performing any of the provisions of these Conditions of Use or any other professional duties then such delay of performance shall not be deemed to be a breach of these Conditions of Use, and no loss or damage shall be claimed by you from us. We shall use our best endeavours to minimise and reduce any period of suspension occasioned by any event of Force Majeure.

"Force Majeure" means any cause beyond our reasonable control, including an act of war, whether declared or not, an act of terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, industrial action, lock out or labour disturbance, currency restriction, embargo, an action or direction of government, action or inaction by a government agency, a failure of a supplier, public utility or common carrier, refusal of any necessary consent, government export controls, accident, fire, explosion or act of a third party or loss or damage to any equipment.

You may use the information contained on UTOOL only for your own personal reference. Except where such use is mandated by the Copyright Act, the information found on UTOOL.com.au may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or partially without the prior written approval of UTOOL.

UTOOL and UTOOL.com.au logos are registered trademarks of UTOOL. Other trademarks, products and company names mentioned on UTOOL.com.au may be trademarks of their respective owners or licensors and the rights in such marks are expressly reserved to the respective owners or licensors.

UTOOL is not obliged or responsible for monitoring the activities of any user of UTOOL.com.au, or their interactions with other users. However, UTOOL does reserve the right at all times to monitor, retain and disclose any activities or information that is needed to ensure that UTOOL's Conditions of Use are being complied with, and to satisfy the requirements of any applicable law, or regulatory authority.

You may not use UTOOL.com.au or any UTOOL service for purposes that are illegal or unlawful or give rise to any civil claims in equity or law. You agree to abide by all applicable laws and regulations, including those set out in these Conditions of Use.

The following list demonstrates, but is not limited to, practices that are unacceptable on UTOOL, as determined by the directors, employees and/or officers of UTOOL. By signing up for the UTOOL service, you agree not to:

• cause to be published or distributed in any way statements, material, code, programs or scripts which are defamatory, offensive, malicious or destructive;
• use any automated scripting tools or software or make available, using UTOOL.com.au, any material that you do not have the right to make available;
• promote or participate in any unauthorised competitions, schemes, surveys, spamming or unsolicited emailing through the UTOOL system and Website;
• behave in an offensive or aggressive way;
• deliberately mislead or misinform other UTOOL users;

Users of UTOOL.com.au may only post legitimate jobs on the system. Posting fake jobs to test the UTOOL system or assess its functionality is strictly prohibited and will likely result in the suspension of your UTOOL account at our discretion.

Users of UTOOL must carry the job through every stage using the UTOOL system as follows:

• User posts a legitimate job in the UTOOL system
• The UTOOL system matches Service Providers with Job Owners.
• The matched Service Providers contact the Job Owners to further assess or quote the job.
• The Job Owner awards the job to the most appropriate tradesperson, as judged by the Job Owner, and to each party's best endeavours, the job is performed and completed by the Service Provider.
• If a job is cancelled or withdrawn due to any legitimate reason, then the Job Owner must also cancel the job in the UTOOL system immediately, thereby not wasting Service Providers time on quoting withdrawn jobs.
• Cancellation of the job in the physical world requires both users to allow the other to cancel the job within UTOOL system so that it moves from 'open jobs' to 'cancelled jobs'.
• When the job is completed, the job must be marked as 'job complete' by the Job Owner.
• When there are no more monies owed to the Service Provider, the job should be marked as 'final invoice paid' by the tradesperson as soon as practicable.
• After a job is marked 'final invoice paid' both the Job Owner and the Service Provider are required to provide feedback for each other in order to move the job to 'closed jobs'.

It is a requirement for all Registered Members to provide feedback in order for the job to be closed in the UTOOL database.

You may link to UTOOL.com.au's home page, provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. You must not link to UTOOL.com.au in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, the copyright notice, registered trademark or other information published on UTOOL.com.au. The Website must not be framed on any other site. We reserve the right to withdraw linking permission by giving written notice by post or email.

Any hyperlinks or redirections appearing on UTOOL that take the user from UTOOL.com.au to other Websites operated by third parties are to be clicked on at the user's own risk, and the user must acknowledge that these Websites do not form part of UTOOL.com.au, nor are they controlled by UTOOL. UTOOL does not have, nor accepts any responsibility for the contents of any such hyperlink or third party website. If you contact a third party through UTOOL by any means including telephone, email or in person, UTOOL accepts no responsibility for any actions taken by that third party in connection with you as the user.

Advertising displayed on UTOOL from time to time may contain links to Websites operated by third parties. UTOOL does not endorse or recommend the advertisers, their products or services or the information, products or services of any Website linked to or from UTOOL.com.au.

The Conditions of Use, together with any other terms that govern your use and access to UTOOL.com.au are governed by the laws of New South Wales.

Should any part of these Conditions of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with UTOOL.com.au is in conflict or inconsistent with these Conditions of Use, these Conditions of Use shall take precedence. Our failure to enforce any provision of these Conditions of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Conditions of Use shall survive any termination of these Conditions of Use.

Anything that is posted on the UTOOL.com.au site by you, be it a job, its name, its description, photos of jobs or your previous jobs undertaken and so forth (collectively known as 'information') can and may be used by UTOOL to promote posted jobs or UTOOL itself on the UTOOL site, or elsewhere on the internet or on other mediums, with exception to materials considered by UTOOL as private information.  Private information is information such as:

• Notes users keep for a job
• Private messages exchanged with other users
• Pictures and videos that have been marked as 'disabled' for public viewing

Website Users acknowledge that even where they have disabled their information from public viewing there is still a possibility the information may still be accessed and published by computer hackers, search engines and other third party websites and /or entities without the knowledge or consent of UTOOL.

By accepting these Conditions of Use you agree to grant us a non-exclusive, worldwide, irrevocable, perpetual, fee-free right to exercise the copyright and other intellectual property rights you have in that information.  

UTOOL.com.au will only use your information in accordance with our Personal Information & Privacy Policy – please refer to that document for further information.

Subject to the terms of these Conditions of Use, you are granted a non-exclusive, non-transferable, revocable, limited right to access, view, and/or print out all data, information, graphics, images, text, posts and other content (known as the Materials) on UTOOL.com.au strictly in accordance with these Conditions of Use.

Materials are defined as all information, whether written or pictorial, that is communicated via the Website including but not limited to trademarks, logos, marketing, promotion, advertising etc.

UTOOL expressly reserves all intellectual property rights in and to UTOOL.com.au and the Materials and your use of UTOOL.com.au and the Materials is subject to the following restrictions.

Without UTOOL's prior written express consent, you must not:

• Remove any copyright or other proprietary notices contained in the Materials
• Modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose
• transfer the Materials to any other person
• Use any Materials from UTOOL.com.au in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties
• Reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit UTOOL and/or the Materials in any way

UTOOL.com.au employs a two way feedback system to provide users with information on how other users conduct themselves when making transactions on UTOOL.com.au. Under these Conditions of Use, leaving feedback for the users that you transact with on UTOOL is compulsory.

At the end of every job completed, both parties to the job provide feedback in respect to each other's performance. This feedback will take the form of a rating on set criteria, which is known on UTOOL as a feedback rating. The rating relates to aspects of your service performance if you provide a service or your customer performance when acquiring a service, and may also include comments on each party's performance.

Every feedback rating that is posted will be aggregated to form part of the overall feedback rating for each UTOOL.com.au user. This rating may appear on different pages of UTOOL.com.au associated with the user's profile. Details of a user's feedback rating in respect of each job they perform or offer through UTOOL.com.au becomes public information and may be viewed by others. By positing or uploading information, feedback, comments, messages or pictures/photographs on UTOOL.com.au, Website Users irrevocably acknowledge and consent to these items being made available to the public.

Your role when rating a job and providing comments is an important one that carries with it significant responsibility. Therefore, you should ensure that the rating and comment you leave is fair, accurate and truthful. Feedback should be limited to the performance of users with relation to service provided and/or received and shall not be defamatory in nature. Feedback should not be used as a means to influence the resolution of a dispute. All Website Users acknowledge that negative feedback has the power to negatively affect the prospects of a user's access to the Website and future success in dealings via UTOOL.com.au.

UTOOL.com.au reserves the right to remove from UTOOL.com.au any comment or rating that UTOOL considers unjustified, abusive, obscene, defamatory, inflammatory or malicious. By allowing a comment or rating to remain on UTOOL.com.au, UTOOL does not concur with or endorse that rating or comment. The opinions voiced using the rating system are solely the opinions of the users of UTOOL.com.au and UTOOL does not warrant the accuracy of the feedback rating.

Feedback ratings and unfavourable comments that are made on UTOOL about any user may be considered defamatory to the reputation and standing of that user. You acknowledge and agree that UTOOL accepts no responsibility for liability, damage, injury or loss that may arise from the posting on UTOOL of a feedback rating or a comment and under these Conditions of Use, you release and indemnify UTOOL.com.au from any liability directly or indirectly arising from any feedback rating or comment that you may choose to leave on UTOOL.com.au.

If you feel that material has been posted on UTOOL which defames you, as defined by New South Wales law, you should consult a lawyer to confirm that the content you have identified is in fact defamatory. If it is, you should contact the other party and request its removal or amendment. If they fail to comply we may investigate the allegations and take appropriate action at our discretion.

Furthermore, you agree that if you or anyone else commences or threatens any action or proceeding against UTOOL.com.au or makes any claim or demand against UTOOL.com.au as a result of any feedback score or comment you post on UTOOL.com.au, UTOOL.com.au may immediately cancel or suspend your membership of UTOOL without any notice.

• UTOOL takes customer complaints and questions seriously.
• All email enquiries are logged and managed by the UTOOL.com.au CRM system.
• Technical complaints and development suggestions are forwarded to our IT Director for consideration in future site updates.
• Enquiries are reviewed by UTOOL customer support representatives and escalated to a manager if required.

Any arbitration between a Registered Member and UTOOL is governed by the 'Dispute Resolution and Arbitration' clause in these Conditions of Use.

In the case of any claim or disagreement arising out of or in connection with these Conditions of Use or your use of the Website, UTOOL may at its discretion elect that the dispute be resolved by a binding arbitration through a dispute resolution centre selected by UTOOL.

Website Users acknowledge that listing a job and providing or accepting a quote through UTOOL may constitute that the participating parties have formed a contract for valuable consideration. Website Users agree to employ honesty, commonsense, fairness, flexibility and open dialogue in their attempts to resolve any disputes. UTOOL is primarily a platform for matching Job Owners and Service Providers and it is expected that users of UTOOL will work with each other to resolve disputes. Complaints should be clearly and explicitly set out in writing by one party to the other, in order to ensure issues are fully understood.

UTOOL does not generally participate in dispute resolution between Website Users; however UTOOL may use reasonable endeavours to mediate disputes between users of UTOOL.com.au if no resolution can be arrived at through direct negotiation between the parties.

Where appropriate, disputes in relation to services carried out by a provider or other issues that cannot be resolved by the users themselves will be referred to a commercial dispute resolution centre.

The costs of the arbitrator are to be borne by the originator of the dispute, and all parties to the dispute agree to be bound by the ruling of the Arbitrator. The originator of the dispute is the person who complained in writing first.

It must be noted that UTOOL does not involve itself in the payment for services between any users of UTOOL.com.au. The amount and method of payment for services should be agreed, in writing, by both parties before any work commences.

As a member, you have the ability to access both free and chargeable features and services available on UTOOL (such as SMS and fax job notifications or any other chargeable service or feature that becomes available from time to time).

Further details and any additional terms and conditions (including pricing) relating to chargeable features and services will be made available on UTOOL.com.au. Any such additional terms and conditions will form part of these Conditions of Use.

You may pay for chargeable features and services by credit card or PayPal and all payments must be made online (via our SSL secure payment system). We accept MasterCard or VISA. We will charge your credit card or process your PayPal payment before we fulfill your order. All credit card payments are subject to validation checks and authorisation by the card issuer. We do not accept cash payments.

You warrant that if you are purchasing something from UTOOL.com.au:

• any credit information you supply is true and complete
• charges incurred by you will be honoured by your credit card company
• you will pay the charges incurred by you at the posted prices, including any applicable taxes

Any free services that UTOOL provides or claimed to provide at the time you signed up as a user may begin to be charged services or be packaged differently, at the sole discretion of UTOOL. We reserve the right to change the pricing for any service or feature at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of UTOOL or terminate your membership in accordance with the UTOOL Terms. UTOOL will not charge users for any services without their permission. You are not permitted to transfer any services or features purchased by you to any other person. In the event of unusual activity, we reserve the right to temporarily or permanently suspend payment via your credit card and contact you, your bank, credit reporting agency or any other relevant third party to check your credit rating or report unusual activity.

As a member of UTOOL.com.au, you agree that any fees paid for services, or credits purchased for SMS or fax messages are non-refundable. If you are dissatisfied with the UTOOL.com.au service, we may offer you a credit on your account at our absolute discretion.

Unless otherwise stated, charges referred to for use of any services provided by UTOOL.com.au via UTOOL.com.au are GST exclusive. Where GST applies, UTOOL.com.au will deduct the GST it incurs from each user's payment and UTOOL.com.au will issue the user with a Tax Invoice as defined by the 'A New Tax System (Goods and Services Tax) Act 1999' (the Act).