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Definitions
“the 4Tonic User Application” means the document entitled 4Tonic Vehicle Data Supply Agreement executed by the Customer requesting the supply of the Service which is made subject to these Conditions and any other documents listed therein.
“the 4Tonic User Account” means the account set up by the company pursuant to the 4Tonic User Application.
“the Company” means 4Tonic Data Limited, Riverview Business Centre, Hazelhatch Road, Celbridge, Co. Kildare, W23H0X6 a company registered in Ireland under company number 393306
“Company’s Privacy Policy Statement” means the Privacy Statement which sets forth the current privacy practices with regard to the information the Company collects when you or your computer interacts with the Site.
“the Content” means copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos and/or graphics contained in the Site.
“the Customer” means you or any other person or entity using the Service, or, the customer or business named in the 4Tonic User Application applying to receive the Service.
“Data Protection Legislation” means the Data Protection Acts 1988 to 2018 and the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
“the Materials” means the information stored on the Site including, inter alia, any lookup produced by the Company in providing the Service to a Customer whether in electronic or written form.
“the Service” means the product provided by the Company to the Customer.
“the Site” means www.4tonic.com
“the Terms” means the terms and conditions set out herein.
1 General
By using the Site, you (the Customer) agree to be bound by all of the Terms. If you do not agree to all the Terms, then you should immediately cease all usage of the Site. The Company reserves the right, at any time, to modify, alter, or update the Terms without prior notice. Modifications shall become effective immediately upon being posted at the Site. You are advised to periodically check these terms and conditions for any revisions and/or amendments to the Terms. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Terms (including any modifications or amendments thereto). Except as provided in this paragraph, the Terms may not be amended.
You must be over the age of eighteen years to use this Service and by entering into a contract with the Company for the provision of the Service, you are warranting that you are over the age of eighteen years.
You warrant that you have legal capacity to enter into a contract with the Company for the provision of the Service and that you have the power, pursuant to the Memorandum and Articles of Association of your company (where still applicable pursuant to the provisions of the Companies Act 2014) to enter into the Contract.
Both the Customer and the Company agree that they are entering into this contract in good faith.
2 Description of Service
The Company is providing to you the Service. It is strictly a matter for you to provide
3 Disclaimer of Warranties
The Site is provided by the Company on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, the Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Service, the Content or the Materials in terms of its correctness, accuracy, reliability, or otherwise.
The Company shall have no liability for any interruptions in the use of the Site. The Company disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. The Company does not warrant that the Site will operate error-free or that the Site and its server are free of computer viruses and other harmful elements. If as a result of your use of the Site or its Content, there is a need for servicing or replacing equipment or data, the Company assumes no responsibility whatsoever for those costs.
4 Limitation of Liability
The Company shall not be liable for any damages whatsoever, and in particular the Company shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, business interruption, loss of revenue, or loss of use, arising out of or related to the Site, the Content or the Materials, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if the Company has been advised of the possibility of such damages.
The Company cannot, at any time, accept responsibility for any losses, injuries, inconvenience or expenses caused due to Force Majeure including but not limited to government action or restraint, war, riot, civil strife, industrial dispute, strikes, terrorist activity, natural or nuclear disaster, fire, flood, delays, weather conditions or the threat of any of these or any other event beyond its control.
5 Indemnification
You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees and costs, made by any third party due to or arising out of your use of the Site the Content or the Materials, the violation of these Terms, or the infringement by you, or any other user of the Site using your computer or computer systems or hardware of any intellectual property rights of any third party.
6 Modifications and Interruption to Service and Access
The Company reserves the right to modify or discontinue the Service with or without notice to you. The Company shall not be liable to you should the Company exercise its right to modify or discontinue the Service. You acknowledge and accept that the Company does not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of the Company’s control.
For the avoidance of doubt the Company may suspend, limit or terminate your access to the Service, without notice, at any time for any reason whatsoever, including without limitation violation of the Terms.
You agree that any violation of the Terms may result in immediate closure of the 4Tonic User Account, at the discretion of the Company, with or without reimbursement of any balance on the 4Tonic User Account, at the discretion of the Company. In the case of the 4Tonic User Account the Company may provide you with a username and temporary password to access this Account. It is your sole responsibility to safeguard the security of your password, and you agree that you will change the temporary password to a unique password promptly upon issuance, and periodically change your password thereafter to ensure security. You agree that you will not use the Account of another person without permission and will provide accurate and complete information to the Company in all circumstances. You expressly acknowledge and agree that such use is made in accordance with the Terms.
7 Third-Party Sites
The Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that the Company is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and the Company is not responsible therein. The Company encourages you to review the privacy policies of third-parties’ sites.
8 Disclaimer Regarding Accuracy of Information and Personal Data
Product specifications and other information have either been provided by the Company, by third parties or have been supplied and collected from other sources, including, inter alia, the Department of Transport and/or other bodies over which the Company has no control.
While the Company attempts to ensure that the information on the Site and contained in any lookup is accurate, the Company makes no representations or warranties as to the accuracy, reliability or completeness of any information provided on the Site or in any lookup and shall not be responsible for any error or omission in the information supplied to you.
You are advised that some of the information upon which the lookups produced by the Company are based, rely on information provided to the Company on a weekly basis and therefore the lookup may not show any record or information registered in respect of the particular vehicle up to a week prior to the date of the lookup. The Company shall not be liable in respect of such inaccuracy or loss arising there from.
The Company does not hold any personal information pertaining to owners of vehicles (either current or historical). For the avoidance of doubt, you are also advised that the Service does not provide or include any evidence as to the identity or any other personal information of the registered owner or any previous registered owner, or the vendor or any previous vendor of any vehicle. You shall ensure that you do not use the information made available to you pursuant to the Service in such a manner as to constitute “personal data” within the terms of Data Protection Legislation. You shall indemnify the Company from and against any cost, charge, liability, loss, damage or expense incurred by the Company as a result of the failure by you to comply with Data Protection Legislation.
In particular, the Company shall not be liable for the accuracy of, or any loss or damage arising from, any information that the Company supplies to you as a result of any incomplete or inaccurate data or information supplied to the Company by you or as a result of any other fault attributable to you.
11 Governing Jurisdiction
The Site is operated and provided in the Republic of Ireland. As such, the Company is subject to the laws of the Republic of Ireland, and such laws will govern the Terms. The Company makes no representation that the Site or the Service are appropriate, legal or available for use in other locations and/or jurisdictions. Accordingly, if you choose to access the Site, you are agreeing to do so subject to the laws of the Republic of Ireland and further agree to submit to the exclusive jurisdiction of the Irish Courts in relation to any matter arising under or in connection with your use of the Site or its contents.
12 Compliance with Laws and Customer’s Responsibility for Use of the Service
You may not use the Service in any way that violates any applicable laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable laws regulations or other government requirements.
You are solely responsible for any and all activity on the Site including, for the Customer, activity on the 4Tonic User Account, and you agree to notify the Company immediately upon becoming aware of any unauthorised use of the 4Tonic User Account. The Company will have no responsibility for any losses incurred by reason of any use, whether authorised or unauthorised. You agree that you, or, where applicable, your users, employees, agents or affiliates will not
(a) attempt to collect or harvest any personally identifiable information, including account names of other Customer’s,
(b) solicit additional users of the Service,
(c) use the Service to communicate with other users or for any commercial purpose, or
(d) use the Service in any way that may damage, overburden, or impair the Company’s servers or networks or interfere with any other Customer’s use and enjoyment of the Service. You will not try to gain unauthorised access to any services, user accounts, computers systems or networks, through hacking, password mining or any other means.
The Customer you must provide a valid business email address and agree to receive communications in respect of your 4Tonic User Account from the Company in order for us to fulfil our obligations to you in respect of providing the Service to you.
13 Copyright and Trademark Information
The Site, Content and Materials, as well as their respective layout, arrangement and design elements and each of its individual pages, are and will always remain the property of the Company and its affiliates and are protected by Irish, European and international copyright, trademark and other applicable intellectual property laws.
You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content or the Materials, in whole or in part. For the avoidance of any doubt, and strictly without prejudice to the effect and/or intent of any other part of this clause or any other part of the Terms, under no circumstances may the Customer sell on or otherwise dispose for profit, to any third party or otherwise, any part of the Service. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of the Company or the copyright owner.
In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You hereby acknowledge that you do not acquire any ownership rights by downloading or printing the copyrighted material, or by using the Site.
The Company offers you access to the Site and to the Content and Materials available on the Site solely for your businesses use. You may not resell or make any commercial use of the Site or the Content or the Materials. You may not make use of any product listings, descriptions, or prices. You may not download or copy any account information for the benefit of any other merchant. You may not make use of any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the Content or the Materials in an unauthorized manner.
You may not engage in any practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Site, in any manner or in any quantities not authorised by the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or its affiliates without prior express written consent.
You may not use meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company.
14 Botnets
The Company retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, the Company reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at the Company’s discretion.
15 User Submissions
Generally, any communication which you post to the Site is considered to be non-confidential. By posting communications to the Site, you automatically grant to the Company a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-licence such rights through multiple tiers of sub-licences.
The posting of any communication to the Site must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
The Company reserves the right (but not the obligation) to remove or edit such content, but does not accept any obligation to regularly review posted content. You are hereby representing and warranting that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content supplied does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company or its affiliates for all claims resulting from content that is supplied. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
16 Cancellation of Contract – The European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (“the Regulations”) giving effect to the European Union Directive on Consumer Rights (Directive 2011/83)
If you are a consumer pursuant to the Regulations, you are entitled to cancel the contract that you are about to enter into with the Company (“the Contract”), without giving reason to the Company at any time within fourteen days of entering into the Contract (“the Cancellation Period”). However, under the Regulations, where the provision of the Service has commenced, with your agreement, before the end of the Cancellation Period, then your right of cancellation may not be exercised. By entering into the Contract and by accepting these Terms, you are agreeing to the Company commencing the provision of the Service prior to the end of the Cancellation Period and therefore are agreeing that you will not cancel the Contract.
The Regulations apply to a natural person who is acting for purposes which are outside that person’s trade, business or profession. They do not apply to businesses or companies or other trade or commercial customers.
The Regulations require, inter alia, that the Company provides you with the following information:
Company Name: 4Tonic Data Limited (trading as 4Tonic)
Trading Address:
Riverview Business Centre
Celbridge
Co. Kildare
W23H0X6
Main Characteristics of Goods and Services: Automotive Data supplier to business.
Price of Goods or Services (including all taxes):
Outlined in the 4Tonic Vehicle Data Supply Agreement.
Prices are subject to change.
Arrangement for payment, delivery or performance: Payment is made by credit/debit card or direct debit or bank transfer.
Contract Duration: Subject to the Terms, set out in the 4Tonic Vehicle Data Supply Agreement.
17 Complaints
The Company hopes that you will be fully satisfied with the Service that is provided to you. The Company is and will always strive to improve its Service. If you wish to make a complaint about the Service then please write to us via email: info@4tonic.com setting out in full the nature of your complaint
The Company will endeavour to acknowledge your complaint within two working days. The complaint will be fully investigated and the Company will endeavour to respond to your complaint within five working days from receipt.
18 Promotion/Discount Codes
Occasionally the Company will run promotions online or through third parties. The following terms and conditions apply to all promotions, unless otherwise stated in the promotion:
19 Other Terms
Any part of the Service should be used by you as a tool to assist you in reviewing a particular vehicle. The final decision will always rest with you.
If any part or provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that these Terms and any other agreements referenced herein may be assigned by the Company, in our sole discretion, to a third party in the event of a merger or acquisition.
Under no circumstances will you permit or allow or cause to permit or allow the centralised caching of any data supplied as part of the Service (“the Data”). Localised (per customer) short term caching of Data for performance and optimisation reasons is strictly restricted to a period not, in any circumstances, to exceed thirty days.
These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between the Company and you.
You agree that by accepting these Terms, that you are consenting to the use and disclosure of your personally identifiable information and other practices described in the Company’s Privacy Policy Statement.
These Terms constitute the entire agreement between the Company and you with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.
The section headings used herein are for convenience only and shall not be given any legal import.
None of the following or any combination thereof shall release, discharge or in anyway affect the liability you may have to the Company or incur any further obligation or liability on the part of the Company to you or any third party:-