○ TERMS AND CONDITIONS

 
 
 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and TONE Agency ("Company", “we”, “us”, or “our”), concerning your access to and use of the toneagency.co website.

 
 
 
 
 

GENERAL

  1. The Tone Agency website, located at https://toneagency.co (Website), is owned, controlled and operated by Tone Agency Pty Ltd (ABN 23 646 668 715) (Tone Agency, We, Our, and/or Us).

  2. As a condition of using our Website, you agree to the following terms and conditions (Terms) and to be legally bound thereby.

  3. If you do not agree with the Terms, you should stop using the Website. 

  4. Tone Agency has the right to vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use the Website you agree to be governed by the Terms as varied from time to time.

MATERIAL

The purpose of this Website is to provide you with the opportunity to learn more about our business, our services and work.

RELIANCE

The Website has been created to provide general information to users. Whilst we will make every effort to provide you with up-to-date information, we do not guarantee the accuracy, completeness, reliability or timeliness of the Website or any reports or services provided through it, and we are not obliged to update the Website or correct any inaccuracies, which may become known to us.

PROHIBITED ACTS

You must not access or use the Website:

  1. in a way that violates these Terms; 

  2. for unlawful activities or purposes; 

  3. in a way that is fraudulent, inaccurate, false, misleading or deceptive; 

  4. in a way that violates any applicable law (including, without limitation, applicable privacy laws); or 

  5. in a way that infringes the rights (including the intellectual property rights) of any other person.

INTELLECTUAL PROPERTY

Tone Agency is a trade mark of Tone Agency Pty Ltd. Other product and company names displayed on the Website may also be trade marks of their respective owners.

  1. We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Website (Content). You may download, view, copy and print any Content for personal, informational and non-commercial purposes only. All other uses are strictly prohibited. 

  2. While you may browse or print the Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website or the Content for any other purpose. 

PRIVACY

We value the protection, and transparent management, of your personal information.

We agree to handle personal information submitted to us via the Website via our Privacy Notice found here.

THIRD PARTY LINKS

The Website may include links to third party websites, over which We have no control. Such links do not indicate, expressly or impliedly, any endorsement by Us of the third party website or the products and services provided thereon. You agree that We are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.

AUSTRALIAN CONSUMER LAW

Nothing in these Terms shall override your rights as a Consumer under the Australian Consumer Law or otherwise at law.

LIMITATION OF LIABILITY 

Subject to clause 8, and to the extent permitted by law: 

  1. your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of loss resulting from your use of or reliance on this Website (including all Content), however incurred, including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss, resulting from your use of this Website or the Content.  

  2. Tone Agency does not make any representations, warranties or guarantees in relation to the supply of services by Tone Agency via the Website; and

  3. Tone Agency hereby disclaims all liability in connection with any loss and/or damage arising out of or in connection with any use of, or reliance on, the Website. 

INDEMNITY

You agree to indemnify and hold Tone Agency (and its officers, employees and other representatives) harmless from all loss and any claims (on a full indemnity basis) suffered by you due to or arising out of, or in any way, connected to you breaching the Terms.

GOVERNING LAW

The Terms are governed by and are to be construed in accordance with the laws of the State of New South Wales, Australia and you agree that the courts of the State of New South Wales, Australia shall exclusively adjudicate over any dispute in relation to these Terms.  If any term of these Terms conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail.  This Website may be accessed from outside Australia.  We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia.  If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

 
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