TERMS AND CONDITIONS
These terms and conditions of use (“Terms and Conditions”) are a legal agreement between the person or entity (“You”, “Your”, or “Customer(s)”) who is using the Toby Knows website (“Site”, “Website”, or “Service”) and Bantz Ltd, doing business as Toby Knows (“Toby Knows”, “Us”, or “We”).
These Terms and Conditions govern our respective rights and obligations with respect to Your use of the Site. By using the Site or purchasing a membership to access restricted sections the Site You are agreeing to be bound by all of these Terms and Conditions.
1. Fees, Payments and Taxes. All fees are charged in USD$. The fees for membership or use of the Site are those fees that You agreed to pay during the order process (“Fees”). The Fees will be billed to Your credit card or bank account that You provided during the order process. You hereby authorize Toby Knows (or its designee) to charge the applicable Fees to Your credit card or bank account on a recurring basis. This will be determining by the Billing Cycle that You select: once per month for the Monthly Plan or once per year for the Annual Plan.
Toby Knows may increase the Fees (and bill Your credit card or bank account for such increased Fees) at any time and from time to time upon thirty (30) days prior notice to the Customer. Any Fee increases will become effective at the beginning of the next month or year, as defined by the Billing Cycle chosen (next month for the Monthly Plan or next year for the Annual Plan), as long as You do not opt to terminate the agreement. VAT is chargeable for UK Customers only.
2. Term. These Terms and Conditions shall become effective upon Your agreement to the provisions hereof by ordering via this Website or by executing an order that references these Terms and Conditions and shall remain effective until terminated.
3. 100 Day Money-Back Guarantee. We offer a 100-day money-back guarantee should you be unhappy with the Site. To request a refund please contact billing@tobyknows.com. This guarantee applies only to your first membership period and cannot be used more than once.
4. Cancellation / Termination. Either party may terminate this agreement at any time for any reason. To cancel your membership you must do so via your account page on the Website. Verbal, written or other notices to cancel do not constitute acceptance of any cancellation. It is entirely your responsibility to cancel your membership in good time should you no longer require access to the Site and no longer wish to be billed.
5. Refunds. In the event of termination, the Customer will continue to receive and pay for membership until the end of the current Billing Cycle. After you have cancelled your membership via your account page on this Website, no further membership subscription payments shall become due. No unused portion of the membership paid for will be refunded to the Customer except as allowed for under the 100 Day Money-Back Guarantee.
6. Intellectual Property. The Site contains intellectual property owned by Toby Knows, including but not limited to guides, text content, imagery, graphics, trademarks, copyrights, proprietary information, and other intellectual property. Toby Knows’ copyrighted and original materials are provided to you as part of your membership for your individual use only and a single-user license. Your license to use the materials provided by the Site expires upon cancellation or expiration of your membership. All intellectual property, including Toby Knows’ copyrighted materials shall remain the sole property of Toby Knows. No license to sell or distribute our materials is granted or implied. You may not modify, publish, transmit, participate in the transfer or sale of create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blog or website about the material, or in any other way that would reasonably appear to share the Site’s information with a non-member. Toby Knows reserve the right to immediately cancel your membership, without refund and seek damages if you are in violation of this intellectual property policy.
7. Availability. You agree and understand that access to the Site may at times be influenced and affected by third parties that We rely on (website hosting companies, software providers / developers, payment processors etc.). You agree and understand that no breach of contract action may be initiated against Toby Knows when there are reasonable periods when the Site is unavailable or inaccessible. Toby Knows reserves the right to terminate the Site and or access to certain sections of the Site, with or without prior notice to you. We will make reasonable efforts to provide notice of content removal or periods of Site downtime but are not required to do so under the terms of this agreement.
8. Third Party Resources. This Site may contain links to third party websites, services and resources. You acknowledge and agree that Toby Knows is not responsible or liable for the availability, accuracy, content, or policies of third party websites, services or resources. Links to such websites, services or resources do not imply any endorsement by Toby Knows. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, services or resources. This Site also includes affiliate links. If you click on an affiliate link and make a purchase, we may receive a small commission. This does NOT result in any additional cost to you and the affiliate money earned helps produce the content that we provide for free to our members – thank you for your support!
9. Indemnification. Customer will defend, indemnify and hold harmless Toby Knows and its subsidiaries, licensors and affiliates (and their respective officers, directors, employees and agents) against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs and other expenses (including reasonable solicitor’s fees and costs) arising from or relating to use of the Site.
10. Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, THE SITE AND ANY ADVICE, INFORMATION, SUPPORT OR SUGGESTIONS ARE ALL PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE AND ANY WARRANTY OF ERROR FREE APPLICATION OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TOBY KNOWS DOES NOT WARRANT THE USE, RESULTS OR PERFORMANCE OF THE SITE OR INFORMATION PROVIDED THEREIN, THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SERVER THAT MAKES THE SITE AVAILABLE, IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability. NEITHER TOBY KNOWS NOR ANY PERSON OR ENTITY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OPERATION OR SUPPORT OF THE SITE SHALL BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, PRODUCT LIABILITY OR OTHER CAUSE OF ACTION) TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS REVENUE OR PROFITS, BUSINESS INTERRUPTION FOR ANY REASON, LOSS OF BUSINESS INFORMATION OR DATA, INJURY TO REPUTATION, PERSONAL INJURY (WHETHER PHYSICAL OR MENTAL OR BOTH), GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR VIOLATION OF ANY APPLICABLE PRIVACY LAWS ARISING OUT OF (I) THE USE, MISUSE, OR INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; (V) TERMINATION OF ANY OF CUSTOMER’S SOCIAL MEDIA ACCOUNTS; OR (VI) ANY OTHER MATTER RELATING TO THE SITE OR USE THEREOF, EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TOBY KNOWS’ ENTIRE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO TOBY KNOWS UNDER THESE TERMS AND CONDITIONS DURING A SINGLE BILLING CYCLE.
12. Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
13. Miscellaneous.
13.1. Governing Law. These Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales.
13.2 Jurisdiction. Customer hereby consents to the exclusive jurisdiction and venue of the courts of England and Wales in connection with all disputes arising out of or relating to these Terms and Conditions.
13.3 Severability. In the event that any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor.
13.4 Entire Agreement. Toby Knows reserves the right at any time to modify these Terms and Conditions and to impose new or additional terms or conditions on Your use of the Site. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms and Conditions. Customer’s continued use of the Site will be deemed acceptance thereof.
13.5 Interpretation. The provisions of these Terms and Conditions shall be interpreted and construed in accordance with their fair meanings, and not strictly for or against any party, regardless of which party may have drafted these Terms and Conditions or any specific provision of these Terms and Conditions.
13.6 Waiver. The waiver of any provision of these Terms and Conditions shall not be effective unless in writing and signed by the party against which it is sought to be enforced. The failure of any party to insist, in any one or more instances, upon performance of any of these Terms or Conditions shall not be construed as a waiver of future performance of any terms, covenants or conditions of this agreement, and the obligations of each party with respect thereto shall continue in full force and effect.
13.7 Assignment; Binding Nature. These Terms and Conditions shall be binding upon the parties and their successors and permitted assigns. Customer may not assign this agreement, or any portion thereof to any third party without Toby Knows’ express prior written consent. Toby Knows may assign this agreement and all of its rights and obligations hereunder to any affiliate or to any successor to Toby Knows’ business.