Terms & Conditions of Use

These Terms and Conditions of Use are effective as of May 28, 2015.

 

  1. General
  • Welcome to Tonic Blooms! By accessing or using the Tonic Blooms website, the Tonic Blooms service, or any applications (including mobile applications) made available by Tonic Blooms (collectively, the “Service”), however accessed, you agree to be bound by these terms and conditions of use (“Terms”) and the privacy policy, herein incorporated by reference, and found at Privacy Policy. The Service is owned or controlled by Tonic Blooms Inc. (“Tonic Blooms,” “we,” “us,” or “our”). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your access and use of the Service constitutes your acknowledgement that you have read, understood and agree to abide by and comply with all terms and conditions contained in or referenced by these Terms, whether or not you register as a user of the site. If you do not agree to these Terms, you may not access or use the Service or should discontinue access or use of the Service. The headings in these Terms are provided for convenience only, and are not to be considered in the interpretation of the rights and obligations set out herein.
  • Tonic Blooms may, in its sole discretion, modify or revise these Terms and any of its policies at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version.
  • Your access to the Service may be occasionally interrupted to allow for repairs and maintenance. Any such interruption shall not constitute a breach by Tonic Blooms of these Terms.

 

  1. ACCOUNTS, Eligibility, and Use of the Service
  • The Service is available for use by individuals who are 18 years of age or older. By registering to use the Service, you represent and warrant that you are at least 18 years of age.
  • In order to use certain features of the Service, you must register for an account with Tonic Blooms (“Account”) and provide certain information about yourself as requested by the Service registration form. In registering, you represent that (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information.
  • You are responsible for maintaining the confidentiality of your Account, for keeping your Account password secure, and are fully responsible for activities that occur under your account, including financial responsibility for your Account’s use of the Service and your Account’s purchase and/or delivery of Tonic Blooms goods or services. You are also fully responsible for any loss caused by a breach of your Account’s security, including your credit card information. You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. Tonic Blooms will not be liable for any loss or damage arising from your failure to comply with the above responsibilities and requirements.
  • These Terms apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the videos, photos, scripts, sounds, data, text, usernames, audiovisual combinations, and any other materials you may access or view through the Service.


  1. PROHIBITED USE
  • You agree that you will not collect, use or solicit the login credentials of other users of the Service.
  • You must not create accounts with or use the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. You are not entitled to use any date mining, robots, or similar data gathering and extraction tools to collect usernames, email address or any other date or content for the purposes of sending unsolicited email or for any other use.
  • You agree that you will not sell, transfer, license or assign your account, username, or account rights. You agree that you will not create an account for anyone other than you.
  • You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all federal, provincial, state and local laws, rules and regulations, as applicable, relating to your use of the Content and the Service.
  • You agree to use the Service and its Products (as defined below) only for your personal, non-commercial purposes. You are not entitled to reproduce, duplicate, copy, sell, resell or otherwise exploit Content for any commercial purpose.
  • You agree not to use the Service to: stalk, harass or harm another individual; collect or store personal information about other users; impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; interfere with or disrupt the Service or servers or networks connected to the Service, or contravene any requirements, procedures, policies, or regulations of network connected to the Services.
  • You agree not to alter or modify any part of the Service. You agree not to combine or integrate the Service with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Service. You may not decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any component of the Service is compiled or interpreted.

 

  1. INTELLECTUAL PROPERTY
  • You hereby acknowledge and agree that Tonic Blooms or its licensors own all legal right, title and interest in and to the Services and the Content, including, without limitation, any and all intellectual property rights which subsist in the Service and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist. All rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear through the Service.
  • We grant you a limited license to access and make personal use of the Service, but you shall not download (other than page caching) or modify the site, or any portion of it, without our express written consent.

 

  1. PRIVACY
  • By using the Service, you agree to the gathering, use and disclosure of certain information by Tonic Blooms (or any other authorized party) in accordance with our Privacy Policy, which is incorporated by reference into the Terms. Please ready our Privacy Policy for more information on when and how we gather, use and disclose your information.


  1. TERMS AND CONDITIONS OF SALE

Products and Pricing:

  • All products listed through the Service (“Products”), their descriptions, and their prices are each subject to change. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that Tonic Blooms will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product. In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.

Orders:

  • When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. In the event that you are purchasing a gift order, you will be required to accurately provide the gift recipient’s name and shipping address. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.

Payment terms:

  • For each Product you order through the Service, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (as defined below). You will be solely responsible for payment of all taxes (other than taxes based on Tonic Blooms’ income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Company. All payments are non-refundable (except as expressly set forth below).

Delivery Policy:

  • We contract with third-parties to deliver the Product(s) you order. Tonic Blooms will provide you with shipping details for the order, including delivery times. All delivery times provided by us are estimates. You agree that Tonic Blooms will not be liable to you or any third party for delays or problems in the delivery of Products. However, users of the Service are encouraged to contact us should they encounter any problems or delays and we will take reasonable steps to rectify them.

Return Policy:

  • Refunds and Cancellations: your purchase is final and nonrefundable. No Product may be returned except for Damaged Products as outlined below.
  • Exchanges: we do not accept any Product exchanges.
  • Damaged Products: If the Product arrives damaged (“Damaged Product”), we will provide a replacement product if a photo of the original (damaged) product is sent to support@tonicblooms.com and we respond via e-mail confirming whether the product was a Damaged Product.

Promotions:

  • Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit of one promotion per order.

 

  1. Conduct, Suspension and Termination
  • We reserve the right, in our sole and absolute discretion, to suspend or terminate your use of the Service for any reason whatsoever. If your access to the Service has been terminated, all data relating to your account will no longer be accessible through your account, but such data may continue to appear on the Service.
  • Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
  • We reserve the right, in our sole and absolute discretion to force forefeiture of any username for any reason.
  • You are solely responsible for your conduct on the Service and for your interaction with other users of the Service. Tonic Blooms is not liable or responsible in any way for the conduct of any user of the Service. Tonic Blooms reserves the right to become involved in disputes between you and any other user of the Service. In the event of a dispute with another user, you agree to release Tonic Blooms (including all of our affiliates, licensors, officers, directors, agents, subsidiaries, successors and employees) from claims or damages of any kind arising out of or in any way connected with such dispute and/or the Services provided thereunder.

 

  1. Linked Content
  • You may be able to access websites, content, products or services provided by third-parties through links that are made available through the Service (“Third-Party Offerings”). If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings. We are not responsible for any content on any other site, nor do we make any representation or warranty of any kind regarding linked sites or the information, products or services appearing thereon.
  • You may link to our home page, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our Service must not be framed on any other site, nor may you create a link to any part of our Service other than the home page. You shall remove any link to the Service immediately upon our request.

 

  1. Disclaimer of Warranties

The material displayed on the Service is provided without any representations, conditions or warranties as to its accuracy and is provided on an “as is” and “as available” basis. You acknowledge and expressly agree that use of the Service and its content is entirely at your own risk. To the maximum extent permitted by applicable law, tonic blooms does not make any representations or warranties that the Service or use of the Service will be continuous, accurate, uninterrupted, error-free, or free from defects, viruses or other harmful codes or components. To the maximum extent permitted by applicable law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or equity.

 

  1. Limitation of Liability

 YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TONIC BLOOMS, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER TONIC BLOOMS HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) ERRORS, MISTAKES OR INNACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE PRODUCTSOR YOUR ACCESS TO AND USE OF THE SERVICE, (C) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY ELEMENT OF THE SERVICE, OR (D) ANY OTHER MATTER RELATING TO TONIC BLOOMS OR THE SERVICE. YOU EXPRESSLEY ACKNOWLEDGE THAT TONIC BLOOMS HAS ENTERED INTO THIS AGREEMENT AND HAS AND WILL MAKE TONIC BLOOMS, THE CONTENT AND THE SERVICE AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SUCH EXCLUSIONS OF LIABILITY AND DISCLAIMERS FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND TONIC BLOOMS. YOU EXPRESSLY AGREE THAT LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN SHALL SURVIVE AND CONTINUE TO APPLY IN CASE OF TERMINATION OF THIS AGREEMENT AND/OR THE TERMINATION OF YOUR USE OF THE SERVICE.

 

  1. Indemnification
  • You agree to defend, indemnify and hold harmless Tonic Blooms (including all of our affiliates, licensors, officers, directors, agents, subsidiaries, successors and employees) from any and all claims, actions, demands, losses, liabilities and expenses (including legal and accounting fees), arising out of or in connection with: (i) your use of the Service; (ii) your breach or violation of any of these Terms; (iii) your breach of any third-party rights; or (iv) any misrepresentation made by you. This obligation will survive the termination of this agreement and your use of the service.


  1. Governing Law
  • Your use of the Service and these Terms are governed by the laws of the Province of Ontario, and the applicable laws of Canada, without regard to conflict of laws principles. You are responsible for complying with these laws and the laws of the country in which you reside. Each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.

 

  1. Assignment and severability
  • These Terms and any rights and licenses granted hereunder my not be transferred or assigned by you, but may be assigned by Tonic Blooms without restriction. If any provision (or parts thereof) contained in these Terms are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms shall be made except by a revised posting on this page or except as otherwise expressly set forth herein.

 

  1. FURTHER QUESTIONS
  • If at any time you would like to contact us with your views about these Terms, you can do so by emailing us at support@tonicblooms.com.