Terms & Conditions of Registration and Use of Tonic Services
Please read these terms and conditions carefully prior to completing the online registration process. If you do not accept them in full you must not proceed to register and should cease using this website immediately.
By registering with or using the website you are agreeing to be legally bound by these Terms and Conditions as they may be modified from time to time in relation to your use of the Tonic services and material included within this web site. Tonic reserves the right to change these Terms at any time without prior notification. Amendments will take effect when posted on this website and your continued use of the site after any such amendment will constitute your acceptance of these Terms and Conditions as amended.
Tonic is the trading name for Global Tonic Ltd, a company registered in England & Wales (company number: 7012557). The terms 'Client', "you" and "your" as used below refers to people who have completed this on-line registration application.
- Global Tonic Ltd is an introduction service bringing together a 'Client' with an independent expert in talking therapies for phone consultations. Global Tonic Ltd does not itself offer any medical services, medical diagnoses, medical advice or opinions, or make claims of any sort to cure ailments. The independent consultants to which Global Tonic Ltd may offer access, offer complementary healthcare and both Global Tonic Ltd and such independent consultants always recommend that Clients continue with all existing medication prescribed and follow all of the advice given by their medical practitioners. The guidance and treatments offered by the independent consultants must never be regarded as a substitute for diagnosis and treatment by a medical practitioner, although in many circumstances they may complement its effect. Global Tonic Ltd cannot guarantee any particular result from the use of this website or a telephone consultation.
- The materials presented in this website and provided by our independent Consultants, cannot and should not be used as a basis for diagnosis or choice of treatment.
- The information and materials presented in this website, or stated by Global Tonic Ltd employees and independent consultants during a telephone consultation, cannot and should not be used as a basis for diagnosis or choice of treatment.
- By completing the online registration process and registering with Global Tonic Ltd you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract. If you are under 18 years of age you must ask your parent or legal guardian for guidance. If you are under 18 years of age and have depressive symptoms, speak to an adult about seeking professional help.
- In facilitating its phone-based non-medical therapy sessions, Global Tonic Ltd and its officers, employees, shareholders and its independent consultants have no means to verify the information you have supplied and cannot be held responsible for your suitability to receive talking therapies by phone or their impact on you. You use the services provided by Global Tonic Ltd entirely at your own risk.
- You are entirely responsible for the environment in which Global Tonic Ltd's phone consultations are held. As some consultations may result in inducing sleep, you are directly responsible for ensuring your own personal security and safety and that of those around you during and following a consultation. Global Tonic Ltd, its employees, officers, shareholders and independent consultants cannot be held liable for the results of any consultation including where sleep may be induced and appointments or other commitments may be missed. Global Tonic Ltd strongly advises that you are in a secure environment when participating in a telephone consultation
- As Tonic phone consultations are delivered 'sight unseen', you are entirely responsible
for the level and suitability of the help requested. A Tonic facilitated consultation
is inappropriate if you are:
- In control of moving equipment/apparatus, in a safety critical environment or in control of a moving vehicle.
- Requesting therapy for an undiagnosed or undisclosed physical condition, as their presenting symptoms could be masking a far more sinister condition (e.g. headaches could be a symptom of a brain tumor).
- In psychosis, including schizophrenia, bi-polar illness, severe depression, organic illness and dementia.
- Under the influence of drink/drugs.
- Made to use the service by a third party.
- Seeking diagnosis and treatment of clinical anxiety and depression.
If the independent consultant has any reason to believe that any of the above features are present during a telephone consultation, that consultation will be ended immediately and no refund provided.
You are advised to consult an appropriate medical practitioner or mental health professional if a diagnosis or treatment is required for any physical condition or depression, anxiety or other mental disorders.
- Global Tonic Ltd regards your privacy and anonymity of paramount importance. Other than for its secure payment systems, it does not register a family name, address or post code and no personal or medical details will ever be held on a database. Case notes on your consultation are held at the discretion of the consultants for the sole purpose of facilitating future sessions with you. Global Tonic Ltd never uses personal information to send unsolicited information or "spam"; and Global Tonic Ltd will never give any information whatsoever on you to a third party, other than its independent consultants for the sole purpose of facilitating a telephone consultation.
- Global Tonic Ltd does not warrant or guarantee that this website or any of the links contained in it or the websites to which such links may lead are free from viruses. Global Tonic Ltd does not warrant or guarantee the accuracy or legality of the content of any such linked websites and will not be held liable for anything contained on such websites. The inclusion of a link to a third party's website does not signify that Global Tonic Ltd approves or agrees with its content. Global Tonic Ltd will not accept liability for any losses or consequential losses caused by use of the website, links or linked sites or for any loss of content or material uploaded or transmitted through the website. Furthermore, Global Tonic Ltd does not warrant or guarantee that the website will operate error-free or on an uninterrupted basis. Your use of any links on the website and access of linked websites or resources signify your acceptance that Global Tonic Ltd is not liable for the availability, the privacy practices, or the content of such and that it is not liable for any loss, offence or damage arising out of your use of such linked websites or resources.
- From time to time this website may contain technical inaccuracies or typographical errors which shall be subject to correction at any time. Any liability howsoever arising for any such inaccuracies or errors or their correction is expressly excluded to the fullest extent permitted by law.
- The material and information contained on this website is only made available to you for the purpose of your personal non-commercial use of the website and the Tonic services. You are only allowed to download such materials and information for the purpose of using the same and you are not permitted to use the materials for any other purpose. You are strictly prohibited from copying, reproducing, publishing, transmitting, distributing or commercially exploit the materials provided on this website, including its content.
- In no event will Global Tonic Ltd, its officers, employees or shareholders or the independent consultants be responsible or liable to you for any loss of profit, goodwill, business opportunity or reputation, or any special, direct or indirect, or consequential damages or loss whatsoever caused or alleged to be caused by or in connection with use of or reliance on any information supplied before, during or after a phone consultation.
- Global Tonic Ltd acts merely as an introductory service providing a forum allowing clients and independent contractors to come together. Global Tonic Ltd therefore has no control whatsoever over the content or result of any telephone conversation. Any disputes or claims resulting from a phone consultation should be referred directly to the independent consultant who conducted the consultation and Global Tonic Ltd, its officers, employees or shareholders shall have no liability in respect of any such disputes or claims.
- In recognition of the above, you waive any claim you may have against Global Tonic Ltd that is in any way connected with services provided by an independent consultant or arising from any dispute you have with an independent consultant and you agree to indemnify Global Tonic Ltd for any losses or liability we suffer as a result of any claim against us by an independent consultant or any other third party as a result of your use of this website and the Tonic services or in relation to your dealings with such independent contractor or third party. This waiver and indemnity shall not apply in the event of any fraud or willful misconduct by us.
- Global Tonic Ltd has exercised all due care and attention in selecting appropriate qualified and experienced independent consultants to provide the Tonic services. Clients may request sight of the qualifications and professional indemnity insurance of the independent consultant conducting their telephone conversation.
- The services covered by this website are used entirely at the risk of the user. The services are provided on an "as is" and "as available" basis. Global Tonic Ltd makes no warranty or representation that (i) the service will meet the Clients' requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable.
- No booking submitted by you for the provision of Tonic services shall be deemed to be accepted by an independent consultant unless and until you receive an order confirmation email from that consultant detailing the services that you have requested.
- Payment for the Tonic services shall be due in full at the time of placing a booking. A confirmed booking can only be cancelled in advance of eight hours before the booked consultation time by emailing a notice to firstname.lastname@example.org. Consequently, short-notice bookings where less than eight hours notice is given cannot be cancelled. A refund will not be provided in the event of a cancellation but you will be invited to request a new Booking. A refund will be given if a Therapist fails to call your nominated phone number within ten minutes of the time specified in Tonic's confirmation email; this refund does not apply if your nominated phone number is not answered or engaged. In any event, the Registration fee is non-refundable.
- In addition to the indemnities stated above, you agree to indemnify Global Tonic Ltd against all claims, costs and expenses howsoever arising which it may incur and which arise from your breach of any of the obligations placed upon you under these Terms and Conditions.
Limitation of Liability
Save in the case of death or personal injury caused by negligence, liability for which cannot be excluded by law, and to the fullest extent permitted by applicable laws, Global Tonic Ltd, its officer, employees and shareholder are hereby excluded from liability for all and any claims, loss, demands or damages of any kind whatsoever with respect to the Tonic services (including those arising from a client having fallen asleep during or after a Tonic consultation) and for any information, content, advertisements or products provided or distributed through the service, including, without limitation, direct, indirect, special, incidental or consequential loss or damages, whether arising from loss of profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to Tonic or was or should have been reasonably foreseeable to it.
The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence (save as set out above), under statute or otherwise.
Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be legally excluded.
- The above Terms and Conditions constitute the entire agreement between you and Global Tonic Ltd and govern your use of the Tonic service and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
- These Terms and Conditions and the relationship between you and your representatives and Global Tonic Ltd, its officers, employees, shareholders and its independent consultants shall be governed by the laws of England. All parties agree to submit to the exclusive jurisdiction of the English courts.
- Any failure by Global Tonic Ltd, to exercise or enforce any right or provision of the Conditions shall not constitute a waiver of such right or provision.
- If any provision of the Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Conditions remain in full force and effect.
- In accordance with the Contracts Act 1999 (Rights of Third Parties), nothing covered in these Terms and Conditions is intended to, nor shall it confer any rights on a third party.
If you find the aforementioned conditions unacceptable, do not Register, as such action constitutes your agreement to all the terms and conditions stated above. Thank you.