The Tonik Health & Beauty Pty Ltd, “ The Tonik” ( “we,” “us,” or “our”) is glad to welcome you on its website www.thetonik.com.au (“the Website”). The Website provides you with information about vitamins and dietary supplements (“VDS”) and is a retail store for VDS products (our “Products”). The Website aims at improving access to VDS products to support on health and wellness. www.thetonik.com.au online store is open 7 days a week, 24 hours a day.
By using the Website, each visitor (“you”, “your”) agrees to be bound by the terms following. Please read them carefully. Your usage of the Website indicates your acceptance of these terms and conditions. Your placement of an order also indicates your acceptance of these terms and conditions in accordance with paragraph 3.
- Information Disclaimer - No medical advice
1.1 The Tonik Health & Beauty Pty Ltd does not provide medical care, medical opinion, medical advice, diagnosis or treatment. All information found on the Website or its links, or contained on any product packaging or labelling, is general in nature and is not intended to diagnose, treat, cure or prevent any disease.
1.2 Consult your health practitioner before starting any diet, exercise, supplementation program, or taking VDS products. Always seek the guidance of your doctor or other qualified health professional with any questions you may have regarding your health or a medical condition and/or the interaction of any VDS supplements with medication you are taking. You should include VDS supplements and products (including the Products) when you asked by your doctor and/or pharmacist what medicines you are taking.
1.3 To the fullest extent permitted by law, The Tonik Health & Beauty Pty Ltd does not give any express or implied warranties and makes not representations in relation to the accuracy, completeness or reliability of information on this website.
1.4 Always read Product and follow the directions for use. Vitamin supplements should not replace a balanced diet. Please ensure you keep your vitamin sachets out of reach of children.
By placing an order through our Website, you warrant that (a) you are legally capable of entering into binding contracts; and (b) you are at least 18 years old.
- Formation of an agreement
3.1 By clicking on the “I accept” box and placing an order you agree to these terms and conditions and a legally binding agreement is formed between you and The Tonik Health & Beauty Pty Ltd, consisting of your order and these terms and conditions (“Agreement”).
3.2 The Agreement will be ongoing, until or unless your Subscription is cancelled or terminated in accordance with these terms and conditions.
Tonik offers a subscription service whereby a customer may opt in to a regular supply of Products which is automatically delivered every 30, 60 or 90 days, at the election of the customer. By subscribing the customer receives a 20% discount from the standard product price. Each payment is automatically billed to the customer's credit card prior to delivery of the relevant Products.
4.1 You acknowledge and agree that by ordering The Tonik Health & Beauty Pty Ltd Products you enter into an agreement to receive the Products on an ongoing subscription basis (your “Subscription”) every 30 days commencing on the date you place your initial order (“Order Cycle”). Order Cut-off is when your next payment is processed ("Order Cut-off"). You will be charged for your initial order upon completing the initial transaction on the Website. Subsequent recurring orders will be charged following the relevant monthly Order Cut-off, without further authorisation from you, unless you have cancelled or otherwise modified your Subscription or delivery preferences in accordance with these Terms and Conditions.
4.2 Upon signing up the customer agrees to a minimum commitment of two monthly deliveries. The two monthly deliveries will automatically be billed to the customer's credit card.Unless or until otherwise updated or adjusted in accordance with these Terms and Conditions, your Subscription amount and payment interval are set out on your initial checkout page, confirmation correspondence, and can be accessed using your Login to the Customer login area of the Website.
4.3 Following the two minimum deliveries, the customer can cancel the subscription at any stage without charge. Subscription will be ongoing until the customer requests a cancellation by emailing firstname.lastname@example.org Purchases made via subscription cannot be used in conjunction with any other discount offered by Tonik on Products. You can cancel or pause your Subscription at any time without the need to receive further Products from us, or make further payment to us by sending a cancellation or pause request to us via email (email@example.com)
4.4 You can amend your Subscription at any time either (a) via your Login or (b) by sending an amendment request to us via email (firstname.lastname@example.org)
4.5 Where you are amending your Subscription, once you submit your amendment request (either via your Login or by email request to us), you will have access to a confirmation of the details of your amended Subscription, including the Products and any difference in price. If your amendment request is submitted (a) before your order payment is processed, your amended Subscription (ie your amended Products and payment) will take effect at the same Order Cycle; or (b) after the order payment, your payment will be processed, and your Products sent, for that Order Cycle in accordance with your original Subscription and your amended Subscription (ie your amended Products and payment) will take effect the following month.
4.6 Where you are pausing or cancelling your Subscription, your pause or cancellation request must be received before the Order Cut-Off. If your cancellation request is received after the Order Cut-Off, your payment will be processed, and your Products sent for that Order Cycle and your cancellation will take effect the following month.
4.7 If we receive your pause or cancellation request prior to Order Cut-Off it will be effective immediately. If we receive your pause or cancellation request after the Order Cut-Off, it will be effective after delivery of the next order of Products.
4.8 If you cancel or pause your Subscription, you will not be charged a cancellation fee. You can re-subscribe at any time following your pause/cancellation, but we reserve the right not to permit re-subscription.
4.9 We reserve the right to terminate your Subscription at our reasonable discretion at any time and without giving any reasons for our decision. If we terminate your Subscription, you will cease receiving your order of Products effective from the Order Cycle immediately following our termination and we will stop processing your payments.
- Description and use of services and your login
5.1 Through our online recommendation and informative services (“Services”), we help you to create your own selection of VDS products from our Products that we deliver to you in packaged boxes as part of your Subscription.
5.2 Visitors who do not register with us but want to explore the Website do not need a login. Visitors can view all public content on the Website and e-mail us.
5.3 If you wish to make a purchase and register for a Subscription, you must set up a login and account (“Login”). You will be able to do all things that Website visitors can do, but you can also access your personal account information, manage your Subscription and use the Services. Your Login and use of your Login is subject to these Terms and Conditions.
5.4 The Tonik Health & Beauty Pty Ltd is under no obligation to accept any individual’s registration and/or request for a Subscription and may accept or reject any registration or Subscription in its sole and complete discretion.
- Product descriptions, availability and shipping
6.1 We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice and to the extent permitted by law we will not incur any obligation as a result of such change.
6.2 Our packages are shipped via Australia Post or Sendle and packages are delivered between 7-10 business days after ordering. In the event of shipping delays and/or if any of our VDS Products are out of stock, please expect to be contacted by a representative of The Tonik .
6.3 Changes to address details and/or delivery instructions must be communicated at least five (5) days before your next order is processed, via phone, chat or email.
6.4 If you enter incorrect details, or fail to update your details, including but not limited to, your name, email address and/or delivery address we will have no liability to you if your Products are not delivered to you.
- Our refund policy
7.1 We are not required to provide a refund or replacement if you change your mind in relation to our Products. But you can choose a refund or exchange if an item has a major problem. This is when the item:
(a) has a problem that would have stopped you from buying the item if you had known about it;
(c) is significantly different from the sample or description
(d) doesn’t do what we said it would, or what you asked for.
7.2 Contact email@example.com to request a refund or replacement.
- Privacy, cookies and security
The Website is owned and operated by The Tonik Health & Beauty Pty Ltd. Unless otherwise specified, all material appearing on the Website remains the property of The Tonik Health & Beauty Pty Ltd, including the text, audio, video, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively referred to as the “Content”) as well as the selection, assembly and arrangement thereof. The Content is protected by copyrights, trademarks, or other intellectual property laws and rights. Unauthorised use of the Content may violate copyright, trademark, and other laws. The Tonik Health & Beauty Pty Ltd grants you a non-exclusive, revocable, non-sublicensable licence to access and display the Content for the sole, personal and non-commercial purpose of you accessing the Website and placing and order with us. Otherwise, you have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content. All goodwill generated from the use of any of our trademarks inures to our benefit.
- Your Content
10.1 Customers may post and/or create content through the Website, the Services or other platforms affiliated with The Tonik Health & Beauty Pty Ltd. That includes but is not limited to, reviews and comments about The Tonik Health & Beauty Pty Ltd (collectively, the “Customer Content”). We cannot and do not review the Customer Content.
10.2 You must not submit, post or display any Customer Content that:
(a) you do not have permission, right or license to use, upload, and permit use as contemplated by this Agreement;
(b) is objectionable, offensive, unlawful, defamatory, deceptive or harmful; or
(c) is illegal, fraudulent, or manipulative.
10.3 We may remove Customer Content that violates the terms of this Agreement, or that is offensive or otherwise unacceptable to us in our sole discretion.
10.4 You expressly acknowledge and agree that once you submit your Customer Content for inclusion into the Website and the Services, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Customer Content, including, without limitation, any personally identifying information that you may make available. You, and not The Tonik Health & Beauty Pty Ltd, are entirely responsible for all your Customer Content that you upload, post, e-mail, or otherwise transmit via the Website and the Services.
10.5 You grant us license to modify, compile, combine with other content, copy, record, synchronise, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Customer Content as reasonably necessary to provide the Website and the Services.
10.6 You indemnify us against all claims, liabilities, damages and expenses (including legal costs) incurred by us as a direct or indirect result of the Customer Content, including any breach your breach of this clause 10.
10.7 If you have any questions about your Customer Content and/or the content of another of our customers on the Website, you can contact us at firstname.lastname@example.org
- Limitation of Liability
11.1 These terms and conditions do not limit or exclude any non-excludable rights you might have under any applicable law, including the Australian Consumer Law.
11.2 We do not provide warranties of any kind in relation to the Website, the Products, the Content, the Customer Content, and the Services. To the fullest extent permitted by law, The Tonik Health & Beauty Pty Ltd expressly disclaims all warranties, express or implied, of any kind with respect to the Website and the Products and Services sold on the Website, including without limitation that the Website will be uninterrupted or error-free or with regard to the results that may be obtained from the use of the Website, or use of the information, content, service, or products provided through the Website; and The Tonik Health & Beauty Pty Ltd, its directors, officers, employees and representatives will not be liable to you for any special, direct, indirect, incidental, consequential or punitive damages (including for loss of profits, goodwill, use, data and/or other intangible losses) related to the Website, the Content, the Products and/or the Services.
11.3 The Tonik Health & Beauty Pty Ltd reserves the right to replace a Product ordered by you with a different Product of the same or greater value to fulfil your order. This may mean The Tonik Health & Beauty Pty Ltd uses a tablet/capsule that may have a different colour, size, shape, taste, texture, smell, coating, and other attributes.
11.4 We reserve the right to make changes, corrections, and/or improvements to the Website and the Services at any time. Without notice we reserve the right to cancel or modify an order where it appears that a Customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the order contains or resulted from a mistake or error.
11.7 Further, to the fullest extent permitted by law, The Tonik Health & Beauty Pty Ltd explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Website from third parties. Links to and/or from external third-party sites from this Website are provided for convenience only and The Tonik Health & Beauty Pty Ltd does not endorse or make any warranty with respect to such external sites. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such third-party sites. Third-party sites may be subject to additional fees and separate terms issued by the owner and operator of a third-party site, which will form a separate agreement between you and the relevant owner and operator.
- Your account obligations
12.1You agree to provide true, accurate, current and complete information, including information about yourself as prompted by the questionnaire & registration form (the “Information”) and maintain and promptly update your Information to keep it true, accurate, current and complete. You can update your Information by emailing us at email@example.com . If we determine that the Information that you provide is not of such nature, we may suspend or terminate your Subscription and Login and refuse any and all current and future use of the Website at our sole discretion and in accordance with paragraph 4.
12.2 You are responsible for maintaining the confidentiality of your password and registration attached to your Login and are fully responsible for all activities that occur under your Login. You agree to immediately notify us of any unauthorised use of your Login or any other breach of security.
- Behavior Guidelines
You will comply with all applicable laws in your use of the Website and the Services and will not use the Website and the Services for any unlawful purpose. You will not access or use the Website and the Services to collect any market research for a competing business. You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, or the Services, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file. You will not interfere with or attempt to interrupt the proper operation of the Website and the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website and the Services through hacking, password or data mining, or any other means.
14.1 Payment for all Products and Services must be by credit or debit card or any other payment method listed on the checkout page of the Website. Your credit card will be billed as soon as your order is placed and then monthly on an ongoing basis unless or until your Subscription is cancelled or suspended in accordance with paragraph. In the event that we cannot fulfill your order, or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.
The Tonik Health & Beauty Pty Ltd does not accept money orders, cashier’s cheques, personal cheques and company cheques.
14.2 Orders will be charged to your nominated payment method:
(a) It is your responsibility to ensure your accepted payment method details are valid and up to date. We accept Visa, MasterCard and American Express Cards.
(b) It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
(c) It is your responsibility to ensure that the billing address and telephone number you provided – the address and phone number your credit card bank has on file for you – are correct. Incorrect information may cause a delay in processing your order.
14.3 Storage of collected information:
(a) The Tonik Health & Beauty Pty Ltd does not collect or store your payment information. All payment information is collected and stored by the applicable third-party (detailed at paragraph 14.3 (b) below) in order to be processed as required. We never permanently store complete debit/credit card details.
(b) All online debit/credit card transactions performed on the Website are through secured payment gateways. We currently use the payment gateway owned and operated by Stripe Payments Australia Pty Ltd A.C.N. 160 180 343 for our online payment transactions.
(c) Complete debit/credit card details cannot be viewed by The Tonik Health & Beauty Pty Ltd or any outside party.
(d) Payments will appear on your bank statement as “The Tonik Health & Beauty Pty Ltd”
14.4 Failed payments:
(a) Payment failures may be due to insufficient funds, incorrect or outdated payment information, and transaction disputes.
(b) If we are unable to debit your payment method, The Tonik Health & Beauty Pty Ltd will re-attempt the payment process up to four times within a four week timeframe. We reserve the right to re-attempt payment on the nominated payment method to recover any outstanding amounts.
(c) If your Product was dispatched prior to payment failure, the sale will be deemed to have occurred.
(d) After four unsuccessful payment attempts, your Subscription will be suspended pending correct payment details being provided..
(e) If payment re-attempts are unsuccessful we reserve the right to recover the debt through alternative means, either directly or through a third-party.
(f) We reserve the right to suspend or terminate future deliveries when payments are outstanding.
We are not liable for any charges you incur as a result of out of date payment information. If we incur an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement from you for such expense.
15.1 From time to time we may need to revise the price of the Products. For any price variations in relation to the Services, we will provide notice by email no less than 14 days before the changes take effect. After such time, we will apply the revised pricing to your existing Subscriptions and your payment will reflect the revised pricing. You do not need to do anything to accept the change of price. However, you are under no obligation to accept the price revision and if you do not accept the price revision you may suspend or cancel your Subscription in accordance with paragraph 4.
15.2 The current prices of the Products and our delivery charges will be as quoted on the Website, as updated from time to time.
15.3 Product prices and delivery charges include taxes including GST where applicable.
15.4 Delivery may incur an additional surcharge depending on your delivery area and order value. Orders under $50 automatically incur a delivery fee that will be reflected at the checkout. The Tonik Health & Beauty Pty Ltd discounts or promotional offers do not apply to delivery fees, unless specified otherwise.
- Discount Vouchers
16.1 We may offer discount promotions and other types of discount vouchers (“Discount Voucher”) which require activation by email application in order for the holder to commence delivery of Products through our Services. If paid for, the Discount Voucher is deemed to have been sold at the time of payment for it. These Terms and Conditions will become applicable as between us and the holder of the Discount Voucher (“Holder”) when the Holder redeems the Discount Voucher by applying for the provision of our Services to commence. By using a Discount Voucher and applying for the provision of our Services to commence, a Holder signs up for a Subscription in accordance with paragraph 4 and will be required to follow the subscription process on our Website, including entering their payment details.
16.2 A Discount Voucher may only be used once by its Holder and may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. A Discount Voucher is only valid on the Holder’s first Product purchase unless specified otherwise. After making the first Product purchase using the Discount Voucher, the Holder will be signed up to a subscription in accordance with paragraph 4 and will be required to follow the subscription process on our Website, including entering their payment details.
16.3 Only one Discount Voucher is allowed to be applied per order. A Discount Voucher may not be used in conjunction with any other offer or credit, vouchers are always applied to an order before any credits in a Customer’s account.
16.4 We reserve the right to withdraw or cancel any Discount Voucher (other than a paid up-front gift card) for any reason at any time.
16.5 Discount Vouchers may only be redeemed through the Website and not through any other website or method of communication. To use your Discount Voucher, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms and Conditions and any special conditions attached to the Discount Voucher.
16.6 Any discounts attached to Discount Vouchers apply to the price of the Products ordered only and not to delivery charges (where applicable).
16.7 Discount Vouchers are not valid if used inappropriately, such as being published on deal sites or bargain sites. We reserve the right to cancel any suspicious codes and delete credits from the sharer’s account if we become aware of inappropriate use.
- Order acceptance policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Tonik Health & Beauty Pty Ltd reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verification or information before accepting any order. If we decline your order, we will refund for the amount paid.
Due to the nature of the internet, we cannot prohibit minors from visiting our Website. However, all purchases of the Products, Services and/or any other goods or services on our Website must be made by adults 18 years of age or older, and all users who register with our Websites must be 18 years of age or older.
- Limited purchase quantities
The Tonik Health & Beauty Pty Ltd reserves the right to monitor and limit your purchase amounts of Products at its sole discretion. The Tonik Health & Beauty Pty Ltd reserves the right to restrict sales to a non-commercial level at its sole discretion. In such cases The Tonik Health & Beauty Pty Ltd will reduce Product(s) to what The Tonik Health & Beauty Pty Ltd considers a non-commercial quantity. Any commercial size quantities should be request by email to: firstname.lastname@example.org
- Transfer of rights and obligations
22.1 These Terms and Conditions are binding on you and us and on our respective successors and assignees.
22.2 You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.
22.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.
- Transfer of rights and obligations
23.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control (“Force Majeure Event”).
23.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) epidemic, pandemic or other health emergency (whether declared or not); and
(g) the acts, decrees, legislation, regulations or restrictions of any government.
23.3 Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.
- General Information
24.1 These Terms and Conditions constitute the entire Agreement between The Tonik Health & Beauty Pty Ltd and you and govern the use of the Website. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
24.2 Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
24.3 If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
24.4 Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.
For all credit and returns, please contact: