Terms & Conditions
Last updated April 2024
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use. The following terms apply to your use of the Tonic&Co Agency Ltd website located at https://wearetonicandco.com/, as owned and operated by Tonic&Co Agency Ltd. These terms and conditions apply whenever you access Tonic&Co Agency Ltd content, on whatever device. By using this website you are deemed to have accepted the following conditions.
The term ‘Tonic-Collective Ltd or ‘Tonic&Co’ or ‘Tonic’ or ‘us’ or ‘we’ refers to the owner of the website, Tonic&Co Agency Ltd. Registered in England & Wales. Company No: 15571443 Registered Office Address: 39 College Street, Petersfield, England, GU31 4AG. The term ‘You’ or ‘Your’ means any person or entity using the Site.
The following Terms and Conditions of Use (the “Terms” or “Terms of Use”) apply to the access and use of our website, located at https://wearetonicandco.com/ (collectively, the “Site”) including any content, functionality, services and premium services offered on the Site or any content or information provided as part of these services (collectively, the “Services”).
The Terms of Use and the privacy policy constitute a legally binding agreement between Tonic and You. By accessing, registering for and/or using the Site and Services, you agree that you are bound by the terms and conditions of this Agreement, and you represent and warrant that you have full power, authority and legal capacity to enter into these Terms of Use. Also, by subscribing to any of our email services, you are deemed to have accepted these terms and conditions. If you register with Tonic & Co Agency Ltd website, you should read our privacy policy.
If you are using the Site or Services on behalf of a legal entity, you are individually bound by these Terms of Use even if your company has a separate agreement with us. If You do not agree to these Terms, please don’t use the Site. Tonic has the right, but is not obligated, to strictly enforce the Terms through moderation, investigation, litigation and prosecution.
1. Use of Site, Services and Content
- Tonic may from time to time modify the Services and add, change, or delete features of the Services in its sole discretion, without notice to you. Your continued use of the Service after any such changes to the Service constitutes your acceptance of these changes. Tonic will use commercially reasonable efforts to post information on the Site regarding material changes to the Services.
- The Website content, such as text, graphics, images, logos, user interfaces, visual interfaces, photographs, button icons, software, trademarks, sounds, music, artwork and computer code, and other Website content (collectively, “Tonic Content”), are protected under copyright, trademark and other laws. All Tonic Content is the property of Tonic or its content suppliers or clients. Unauthorized use of Tonic Content may violate the laws, and is strictly prohibited. Tonic content must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute Tonic Content without the express written permission of Tonic & Co Agency Ltd. You are not entitled to use Tonic Content for commercial exploitation in any circumstances.
- You agree not to sell or modify Tonic Content or copy, reproduce, display, publicly perform, distribute, or otherwise use the Tonic Content in any way for any public or commercial purpose. You further agree to in no other way misuse Tonic Content that appears on this Site.
- You agree that you will not make use of the website to cause an infringement of the rights of any other individual, company or organisation, make any unauthorised, false or fraudulent claims or membership applications.
- Tonic Content is provided for general information only and it doesn’t constitute legal advice (or any other type of advice) and should not be relied upon for this purpose. Neither Tonic nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. Your use of any information or materials on this website is entirely at your own risk, for which Tonic shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
2. User Content and Submissions
- You Understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through the Site (“User Content”) is the sole responsibility of the person from which such User Content originated. Tonic claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content You submit, post or display on or through the Tonic&Co Agency Ltd website located at https://wearetonicandco.com/ ,and You are responsible for protecting those rights, as appropriate.
- By submitting, posting or displaying User Content on or through the Tonic & Co Agency Ltd website located at http://wearetonicandco.com, You grant Tonic a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, You grant Tonic a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Tonic Services. Tonic will discontinue this licensed use within a commercially reasonable period after such User Content is removed from the Site.
- Tonic reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion. If You post User Content in any public area of the Site, You also permit any user of the Site to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the Site retains any and all rights that may exist in such User Content.
- Tonic has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by any user of the Site. Tonic may review and remove any User Content that, in its sole judgment, violates these Terms of Use, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, users of the Site. Tonic reserves the right to prevent You from further access to the Site for violating these Terms of Use or applicable laws, rules or regulations.
- Tonic does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or endorse any opinions expressed by users of the Site. You acknowledge that any reliance on material posted by other users will be at Your own risk.
3. External Links
- Tonic & Co Agency Ltd website located at https://wearetonicandco.com/ contains hyperlinks to third party websites. Tonic is not liable for the contents or accessibility of such websites. We do not endorse any such websites and we are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites remains solely at your own risk.
- You may not frame or link to our website or TONIC Content without Tonic’s prior written consent. You may only link to our website with our express written permission. We expressly reserve the right to withdraw our consent at any time to a link which in our sole opinion is inappropriate or controversial.
4. Third Party Software, Features and Applications
- Tonic may make software, plugins and applications from third-party companies available to You on the Site. To download such software, You may be required to agree to the respective software licenses and/or warranties of such third-party software, plugins and applications. Each software product is subject to the individual company’s Terms of Use and conditions, and the agreement will be between You and the respective company. This means that Tonic does not guarantee that any software, plugins and applications You download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses.
- Tonic does not offer any warranty on any third-party software, plugins and applications You download using the Site. By using any downloadable software and application to enable Your use of the Services, You are explicitly confirming Your acceptance of the terms of the end user license agreement associated with the software, plugins and applications provided at download or installation, or as may be updated from time to time.
- Neither Tonic nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
5. Limitation of Liability
- We do not accept any liability arising from any errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate our website or to provide the service offered on our website. The specification of this site may vary from time to time without notice.
- You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to You by Tonic regarding the use of the Site or the Tonic Content.
- Neither Tonic, nor its licensors, representatives, affiliates, employees, shareholders or directors shall be cumulatively responsible or liable for any damages of any kind including, without limitation, lost business, profits or data (or the cost to recreate such data), direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from Your access to or use of Site, the Tonic Content, or the Services, or any content or other materials on, accessed through or downloaded from the Site. Any reliance placed on the Tonic Content will be at Your sole responsibility and risk.
6. Disclaimer
- We disclaim all implied warranties with regard to the information, services and materials contained on this website. All such information, services and materials are provided “as is” and “as available” without warranty of any kind. Tonic is not responsible for any errors or omissions, or for the results obtained from the use of this information. The data, insights and information herein does not contain any form of advice, recommendation or arrangement and is not intended to be relied upon by users in making any specific investments or other decisions. Tonic reserves the right to make changes to the website at any time and without notice. We are not liable for any damages caused by the information or materials that may be downloaded from the Site. Any reliance placed on the Site and Tonic Content will be at the Your sole responsibility and risk.
- Tonic does not warrant that access to the Site or its Contents or the Services will be uninterrupted or error-free, that defects will be corrected, or that this Site or the servers that make it available are free of viruses or other harmful components. Tonic does not warrant or make any representations regarding the use or the results of the use of any Content on the Site in Terms of Use of its correctness, accuracy, reliability, or otherwise. Accordingly, You acknowledge that Your use of the Site is at Your own risk.
7. Indemnification
- You agree to indemnify, defend and hold Tonic harmless from any liability, loss, claim and expenses, including all legal fees related to your misuse of the Site or your breach of these terms and conditions. You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of this Site.
- In the event that You use the Site and the Tonic Content in any manner not authorized by Tonic or if You otherwise infringe any rights relating to other users, You agree to indemnify and hold Tonic, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys’ fees, incurred by them as a result of unauthorized use of the Site or the Tonic Content and/or Your breach or alleged breach of these Terms of Use.
8. Miscellaneous
- You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to You by Tonic regarding the use of the Site or the Tonic Content.
- These terms and conditions contain all the terms of your agreement with us relating to your use of our website. No other written or oral statement will be incorporated.
- Tonic reserves the right to change the terms of this Agreement or to modify any feature of the Site or service. By continuing to use the Site after the posting of notices regarding such changes, you agree to be bound by such changes.
- Tonic shall not be liable for any failure or delay in the performance of its obligations (except for payment obligations hereunder) due to causes beyond its reasonable control, including but not limited to war, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, acts of terrorism, accident, fire, explosion, flood, hurricane, severe weather or other act of God, failure of telecommunication or internet service providers. including but not limited to war, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, acts of terrorism, accident, fire, explosion, flood, hurricane, severe weather or other act of God, failure of telecommunication or internet service providers.
For more information, you may send an email to hello@wearetonicandco.com