Website Terms & Conditions

These website terms and conditions (the “Terms”) govern access to and use of the website operated at tonesandtells.com, together with any associated subdomains, mobile-optimised versions, applications, and related services (together, the “Platform”), made available by Tones & Tells (“we”, “us” or “our”).

The Platform is a content discovery and recommendation service relating to parenting and family life. Creators publish recommendation content via social media and other channels; selected content is curated and displayed on the Platform; and users of the Platform (“Users”) may follow links from such content to third-party retailers and service providers in order to view or purchase the products or services referenced. No purchase, payment, checkout, or other transaction is concluded on the Platform itself, and all transactions take place exclusively on the relevant third-party retailer’s own website, subject to that retailer’s own terms.

By accessing, browsing, registering with, or otherwise using the Platform in any way, you confirm that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and Cookie Policy, each of which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not access or use the Platform.

If you are accessing or using the Platform as a creator or contributor providing content for display on the Platform, your use is additionally governed by our Creator/Contributor Terms and, where applicable, our Affiliate Disclosure. In the event of any conflict between those documents and these Terms as they apply to creator activity specifically, the Creator/Contributor Terms shall prevail.

These Terms constitute a legally binding agreement between you and Tones & Tells. Your continued use of the Platform following any update to these Terms in accordance with clause 20 (Amendments to the Terms) constitutes your acceptance of the Terms as amended.

The Platform is intended for use by individuals aged 18 or over. By using the Platform, you confirm that you are at least 18 years of age. The Platform is not directed at children, and we do not knowingly collect personal data from children. Nothing in this clause prevents content displayed on the Platform from concerning or being suitable for children, where the User accessing and using the Platform is itself an adult.

In these Terms, unless the context otherwise requires, the following definitions apply:

• “Account” means a registered User account created on the Platform in accordance with clause 7.
• “Affiliate Disclosure” means our affiliate disclosure document, which explains our affiliate relationships with Creators and third-party retailers and how commission may be earned, as amended from time to time.
• “Affiliate Link” means a hyperlink contained within content displayed on the Platform which, when followed, directs a User to a third-party retailer’s website and through which Tones & Tells or a Creator may earn commission on qualifying purchases.
• “Content” means any recommendation, review, article, image, video, or other material published or displayed on the Platform, whether produced by Tones & Tells, by a Creator, or by a third party.
• “Cookie Policy” means our cookie policy, which explains our use of cookies and similar tracking technologies, as amended from time to time.
• “Creator” means an individual or entity who produces or contributes Content for display on the Platform, whether or not formally registered as a contributor, and whose participation is additionally governed by the Creator/Contributor Terms.
• “Creator/Contributor Terms” means the separate terms governing the contribution of Content to the Platform by Creators, as amended from time to time.
• “Platform” means the website at tonesandtells.com and any associated applications, subdomains, or related digital services operated by Tones & Tells.
• “Privacy Policy” means our privacy policy, which explains how we collect and process personal data, as amended from time to time.
• “Terms” means these website terms and conditions, as amended from time to time in accordance with clause 20.
• “Tones & Tells” means the trading name under which the Platform is operated, as further described in clause 3.
• “User” means any individual who accesses or uses the Platform, whether or not they hold an Account.
• “User-Generated Content” means any comment, rating, review, or other material submitted by a User to the Platform.
• “We / Us / Our” means Tones & Tells, being the operator of the Platform, as identified in clause 3.

References to “writing” include email. A reference to a statute or statutory provision includes that statute or provision as amended, extended, or re-enacted from time to time. Clause headings are for ease of reference only and do not affect interpretation. Words importing the singular include the plural and vice versa.

The Platform is owned and operated by Tones & Tells. As at the date of these Terms, Tones & Tells has not yet been formally incorporated as a registered company, and the Platform is operated on a pre-launch basis, trading as Tones & Tells (the “Operator”). Until incorporation, references in these Terms to “Tones & Tells”, “we”, “us”, or “our” are references to the Operator. On incorporation, this clause and all other references to our registered details throughout these Terms will be updated to reflect the registered name, company number, and registered office of the incorporated entity, and these Terms will continue to bind you without interruption.

You may contact us by email at tonesandtells@gmail.com. Further contact details are set out at clause 24 (Contact Details).

We will use reasonable endeavours to ensure that the Platform is available at all times. However, we do not guarantee that the Platform, or any particular feature of it, will be available uninterrupted or error-free at all times.

Access to the Platform may be suspended, restricted, or withdrawn, whether wholly or partly, at any time and without notice for reasons including (without limitation):

• scheduled or emergency maintenance, including in respect of our hosting infrastructure;
• technical failures, errors, or issues affecting the Platform or any third-party infrastructure or service on which it relies;
• circumstances beyond our reasonable control, including those described at clause 21 (Force Majeure); and
• our exercise of any right of suspension or termination under clause 18 (Suspension and Termination).

We will not be liable to you for any unavailability of the Platform, save as expressly set out at clause 16 (Exclusions That Cannot Be Limited).

You are responsible for making all arrangements necessary for you to have access to the Platform, including ensuring that any device, browser, and internet connection you use is compatible with and adequate for that purpose. We do not warrant that the Platform will be compatible with all hardware, software, or browser configurations.

Subject to the other provisions of these Terms, we grant you a non-exclusive, non-transferable, revocable licence to:

• view pages from the Platform in a web browser;
• download or cache pages from the Platform in a web browser for your own personal, non-commercial use;
• print pages from the Platform for your own personal, non-commercial use, provided that such printing is not systematic or excessive; and
• follow Affiliate Links and other links displayed on the Platform to third-party websites,

in each case for your own personal, non-commercial purposes only, and subject to the other provisions of these Terms.

Except as expressly permitted by clause 5.1 or elsewhere in these Terms, you must not download, copy, reproduce, republish, sell, rent, sub-licence, exploit for any commercial purpose, or redistribute any Content or other material from the Platform.

You must not edit, adapt, or otherwise modify any Content or other material on the Platform, save to the extent you submit and control your own User-Generated Content in accordance with clause 9.

You must not use the Platform in any way that:

• causes, or is likely to cause, damage to the Platform, or impairs the performance, availability, or accessibility of the Platform;
• is unlawful, fraudulent, or harmful, or is connected with any unlawful, fraudulent, or harmful purpose or activity;
• involves transmitting, publishing, or distributing any material containing spyware, a computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious software;
• involves any unauthorised access to, or interference with, the Platform, the server on which it is hosted, or any server, computer, or database connected to it;
• involves attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack;
• involves conducting any systematic or automated data collection activity, including scraping, data mining, data harvesting, or data extraction, on or in relation to the Platform without our express prior written consent;
• involves accessing or interacting with the Platform using a robot, spider, scraper, or other automated means, save for the operation of standard, well-behaved search engine indexing tools acting in accordance with our robots.txt file;
• involves reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of any software underlying the Platform, except to the extent such restriction is prohibited by applicable law;
• uses Content, data, or material collected from the Platform for any direct marketing purpose, including email marketing, SMS marketing, or telemarketing; or
• involves impersonating any person, or misrepresenting your affiliation with any person or organisation.

You must ensure that all information you supply to us, whether through the Platform, by email, or otherwise, is true, accurate, current, complete, and not misleading.

We reserve the right, without liability or prejudice to our other rights under these Terms, to disable, restrict, or terminate your access to the Platform, or any part of it, if we reasonably consider that you have breached any provision of clause 6.1 or clause 6.2.

Certain features of the Platform may require, or in due course may require, registration of an Account. To register, you must provide accurate and complete information as prompted by the registration process and, where applicable, authenticate via the third-party sign-in providers made available on the Platform.

You are responsible for:

• maintaining the confidentiality of any login credentials or authentication method associated with your Account;
• all activity that occurs under your Account, save to the extent such activity results from our fault or that of our authentication provider; and
• notifying us promptly at the contact details in clause 24 if you become aware of any unauthorised access to, or use of, your Account.

We reserve the right to suspend, restrict, or terminate any Account, and to refuse registration, at our reasonable discretion, including where we consider that the information provided is false, misleading, or incomplete, or where these Terms have been breached. Where practicable, we will give you notice of any such action and the reasons for it.

You may close your Account at any time by contacting us at the details in clause 24. Closure of your Account does not affect any rights or obligations that have already accrued, including in respect of any commission already earned through Affiliate Links where you are a Creator.

Subject to clause 8.3 (Creator Content) and clause 9 (User-Generated Content) below, and except in respect of Content licensed to us by Creators under the Creator/Contributor Terms, we and our licensors own and control all copyright, database rights, trade marks, and other intellectual property rights in and relating to the Platform, including its design, layout, look and feel, the “Tones & Tells” name and logo, and any associated branding (together, the “Our Materials”).

All rights in Our Materials not expressly granted under these Terms are reserved. Nothing in these Terms grants you any right, title, or interest in or to Our Materials, save for the limited licence to use the Platform set out at clause 5.

Content published on the Platform that originates from Creators remains subject to the intellectual property and licensing provisions of the Creator/Contributor Terms. We display such Content under licence from the relevant Creator, and nothing in these Terms is intended to alter the ownership of that Content as between Tones & Tells and the relevant Creator.

The trade marks, logos, and brand names of third-party retailers, manufacturers, and service providers referenced or linked to on the Platform are the property of their respective owners. Their appearance on the Platform does not imply any endorsement, affiliation, or sponsorship by those third parties save as expressly stated.

We may, acting reasonably, edit, adapt, or amend Content submitted by a Creator for display on the Platform, including by editing recommendation titles and summaries, assigning categories and subcategories, adding tags, improving formatting, and optimising Content for search engine visibility. Any such editorial changes are made for presentational, organisational, or discoverability purposes only, and will not materially alter the meaning or substance of the Creator’s underlying recommendation.

Creators are reviewed by us before being accepted to contribute Content to the Platform. Acceptance of a Creator onto the Platform does not constitute an endorsement, guarantee, or verification by us of every recommendation subsequently made by that Creator, and we accept no liability in respect of any individual item of Creator Content save as otherwise expressly stated in these Terms.

Where the Platform permits Users to submit comments, ratings, reviews, or other User-Generated Content, you grant to us a worldwide, non-exclusive, royalty-free, sub-licensable licence to use, reproduce, store, adapt, publish, and display that User-Generated Content on and in connection with the Platform. Your User-Generated Content must not be unlawful, defamatory, infringing of any third party’s rights, deceptive, or used to impersonate any person or misrepresent your affiliation with any person or organisation.

You remain solely responsible for your User-Generated Content. We do not endorse, and accept no responsibility for, User-Generated Content submitted by Users, and we reserve the right to edit, remove, or decline to publish any User-Generated Content at our discretion, including where we consider it breaches clause 9.1 or these Terms more generally.

If you believe that any Content or User-Generated Content on the Platform infringes your intellectual property rights, or is unlawful, defamatory, or otherwise breaches these Terms or applicable law, please notify us using the contact details set out at clause 24 (Contact Details), providing sufficient information to allow us to identify and locate the relevant material and the basis for your complaint.

On receipt of a valid notification under clause 10.1, we will use reasonable endeavours to investigate and, where we reasonably consider it necessary or appropriate, to remove or disable access to the relevant material pending the outcome of that investigation, without prejudice to our other rights and remedies under these Terms.

We operate the Platform in a manner consistent with our obligations under applicable law, including (where applicable) the Online Safety Act 2023, and maintain processes for identifying, assessing, and responding to reports of illegal content in connection with User-Generated Content. Nothing in this clause obliges us to monitor Content or User-Generated Content on a proactive basis, except to the extent required by applicable law.

Content on the Platform, including recommendations, reviews, and articles relating to parenting and family life, is provided for general information purposes only. It does not constitute medical, legal, financial, safety, or other professional advice, and must not be relied upon as such.

Recommendations published on the Platform reflect the personal opinions and experience of the relevant Creator. We do not independently verify, test, or endorse the products or services referenced in Content, save to the extent expressly stated. You should carry out your own research, including checking current product specifications, safety standards, age suitability, and recall notices, before making any purchasing decision, particularly in relation to products intended for use by or around children.

While we take reasonable care over the curation of Content displayed on the Platform, we do not warrant that any Content is complete, accurate, up to date, or fit for any particular purpose. Content may be amended, updated, or removed at any time without notice.

Nothing on the Platform constitutes a recommendation, endorsement, or advice from Tones & Tells itself as to the suitability, safety, or quality of any third-party product or service, save where expressly stated to be Tones & Tells’ own editorial position.

We curate and publish Content produced by Creators, but we do not independently test, verify, or endorse every product, service, or recommendation featured on the Platform. The inclusion of any recommendation on the Platform reflects our curation of Creator Content and does not, of itself, constitute a representation by us that the relevant product or service has been independently assessed by us, save as otherwise expressly stated in these Terms.

The Platform does not itself sell, supply, or fulfil any products or services. All products and services referenced in Content are sold and supplied exclusively by the relevant third-party retailer, and any contract for the purchase of such products or services is formed directly between you and that retailer, on that retailer’s own terms and conditions.

We do not guarantee the availability, pricing, specification, or stock status of any product or service referenced on the Platform. Prices, availability, and product details are controlled by the relevant retailer and may change without notice and without our knowledge.

We are not a party to, and accept no liability in connection with, any contract you enter into with a third-party retailer, including in respect of delivery, product quality, returns, refunds, warranties, or after-sales service. Your statutory rights as a consumer under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, where applicable, are owed to you by the relevant retailer, not by Tones & Tells.

The Platform contains Affiliate Links and other hyperlinks to third-party websites. These links are provided for your convenience and do not constitute an endorsement by us of the linked website, save as expressly stated.

Where you follow an Affiliate Link and subsequently make a qualifying purchase on a third-party retailer’s website, Tones & Tells (and, in turn, the relevant Creator) may receive commission from that retailer or from an affiliate network acting on the retailer’s behalf. Receipt of such commission does not affect the price you pay. Further information on these arrangements is set out in our Affiliate Disclosure, which is incorporated into these Terms by reference.

We have no control over, and accept no responsibility for, the content, accuracy, legality, decency, or operation of any third-party website linked to or from the Platform. Inclusion of a link does not imply our endorsement of the linked website, its operator, or any product or service it offers.

Your use of any third-party website accessed via a link on the Platform is governed entirely by that third party’s own terms and conditions and privacy policy, and not by these Terms. We recommend that you review those terms before using any such website.

The Platform may incorporate analytics, hosting, content delivery, authentication, and other third-party technology services in order to operate. Further information on these services and how they process personal data is set out in our Privacy Policy and Cookie Policy.

We are committed to ensuring that affiliate and sponsored Content on the Platform is identified in a manner consistent with the UK Advertising Standards Authority’s CAP Code and applicable consumer protection law, including the Digital Markets, Competition and Consumers Act 2024. Where Content includes Affiliate Links or other commercial relationships, we use reasonable endeavours to ensure this is clearly indicated to Users, whether through on-page labelling, our Affiliate Disclosure, or both.

We process personal data collected through the Platform in accordance with the UK General Data Protection Regulation, the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations 2003, as further described in our Privacy Policy, which is incorporated into these Terms by reference.

Our use of cookies and similar tracking technologies is described in our Cookie Policy, which is incorporated into these Terms by reference. By using the Platform and where prompted to do so, you may be asked to provide your consent preferences in respect of non-essential cookies in accordance with that policy.

Nothing in these Terms limits or restricts any right you have under data protection law, including any right to access, rectify, erase, or port your personal data, or to object to or restrict its processing, each as further described in the Privacy Policy.

Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including in respect of the matters set out at clause 16 (Exclusions That Cannot Be Limited).

Subject to clause 15.1, to the maximum extent permitted by applicable law, we exclude all representations, warranties, and guarantees (whether express or implied) relating to the Platform and its Content, including (without limitation) any warranty as to:

• the completeness, accuracy, reliability, or currency of any Content;
• the continuous, uninterrupted, or error-free availability of the Platform;
• the absence of viruses or other harmful components from the Platform; or
• the fitness for purpose of the Platform for your particular requirements.

Subject to clause 15.1, to the maximum extent permitted by applicable law, we will not be liable to you in respect of any:

• loss of profits, income, revenue, anticipated savings, business, contracts, or goodwill;
• loss arising from business interruption;
• loss or corruption of any data, database, or software;
• loss or damage arising from any virus or other technologically harmful material that may infect your equipment as a result of your use of the Platform or your downloading of any Content from it, or from any website linked to it;
• loss or damage arising in connection with your reliance on Content, or in connection with any purchase made from a third-party retailer following your use of an Affiliate Link;
• special, indirect, or consequential loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract, or otherwise; or
• any losses arising out of any event or events beyond our reasonable control, as further described at clause 21 (Force Majeure).

To the extent that the Platform and its Content are made available to you free of charge, we exclude all liability to you for any loss or damage arising from your use of the Platform, save to the extent that such liability cannot lawfully be excluded or limited, including under clause 15.1 above.

The limitations and exclusions of liability set out in this clause 15, and elsewhere in these Terms, apply to all liabilities arising under or in connection with these Terms, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, except to the extent expressly stated otherwise in these Terms.

Nothing in these Terms limits or excludes our liability for:

• death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors;
• fraud or fraudulent misrepresentation;
• any matter in respect of which it would be unlawful for us to exclude or restrict liability under the laws of England and Wales; and
• any statutory right you hold as a consumer that cannot lawfully be excluded or limited, including under the Consumer Rights Act 2015.

If you are a consumer, nothing in these Terms affects your statutory rights. Some of the exclusions and limitations of liability set out in clause 15 apply only to losses suffered by you in connection with your use of the Platform, and do not extend to your separate contractual relationship with any third-party retailer, in respect of which your statutory consumer rights are owed by that retailer.

You agree to indemnify and hold us harmless against any liabilities, costs, demands, damages, and reasonable legal expenses arising directly out of: (a) your unlawful use of the Platform; (b) your breach of clause 6 (User Conduct and Prohibited Activities); or (c) any claim brought against us by a third party arising directly from your breach of these Terms, in each case save to the extent that such liabilities, costs, demands, damages, or expenses arise from our negligence, our breach of these Terms, or our failure to comply with applicable law. This clause is not intended to, and shall not be interpreted so as to, require you to indemnify us for losses caused by our own fault.

This clause 17 survives termination or expiry of these Terms and is without prejudice to any other rights or remedies we may have.

We may, at our reasonable discretion and without liability to you, suspend or restrict your access to the Platform, or any part of it, or terminate your Account, where:

• we reasonably believe you have breached these Terms, including the conduct provisions at clause 6;
• we are required to do so by law, regulation, or a competent authority;
• we reasonably consider it necessary to protect the security, integrity, or proper functioning of the Platform; or
• we cease to operate the Platform, subject to clause 19 below.

Where reasonably practicable, we will provide you with notice of any suspension, restriction, or termination, and the reasons for it, save where we consider that doing so would be inappropriate in the circumstances (for example, in cases of suspected fraud or illegal activity).

Termination of your Account does not affect any rights or liabilities that have accrued prior to termination, and the provisions of these Terms which by their nature are intended to survive termination (including, without limitation, clauses 8, 9, 10, 11, 12, 13, 15, 16, 17, and 22) will continue to apply.

We reserve the right to modify, update, suspend, or discontinue the Platform, or any feature or Content of it, at any time and at our sole discretion, without notice or liability to you, save as expressly provided in these Terms.

We will not be liable to you for any compensation, reimbursement, or other payment in connection with our exercise of the rights described in clause 19.1, save to the extent expressly provided otherwise in these Terms.

We may revise these Terms from time to time to reflect changes in the Platform, our business practices, or applicable law and regulation.

The revised Terms will take effect, and will apply to your use of the Platform, from the date of publication on the Platform, as shown by the “Last Updated” date at the head of this document. Where a change is material, we will use reasonable endeavours to bring it to your attention, including, where you hold an Account, by email or by a notice displayed on the Platform.

Your continued use of the Platform following the publication of revised Terms constitutes your acceptance of those revised Terms. If you do not agree to the revised Terms, you must stop using the Platform.

We will not be liable for any failure or delay in performing our obligations under these Terms, or for any unavailability of the Platform, where such failure or delay results from any event or circumstance beyond our reasonable control, including (without limitation) acts of God, war, terrorism, civil unrest, fire, flood, pandemic or epidemic, governmental action, labour disputes, or failure of telecommunications, internet, hosting, or other third-party infrastructure or service providers.

Where such an event occurs, our obligations under these Terms will be suspended for the period that the event continues, and we will use reasonable endeavours to resume performance as soon as reasonably practicable.

• Severability — If any provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of these Terms will continue in effect. If any such provision would be lawful or enforceable if part of it were deleted, that part will be deemed deleted, and the remainder will continue in effect.
• Waiver — No failure or delay by either party in exercising any right or remedy under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise. A waiver of any term, provision, or breach of these Terms will only be effective if given in writing and signed by the waiving party, and then only in the instance and for the purpose for which it is given.
• Entire Agreement — Subject to clause 16.1, these Terms, together with our Privacy Policy, Cookie Policy, Affiliate Disclosure, and (where applicable) our Creator/Contributor Terms, constitute the entire agreement between you and us in relation to your use of the Platform, and supersede all previous agreements, representations, and understandings between you and us in relation to that subject matter. Each party acknowledges that it does not rely on, and shall have no remedy in respect of, any statement, representation, or warranty other than as expressly set out in these Terms, save that nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.
• Assignment — You agree that we may assign, transfer, sub-contract, or otherwise deal with our rights and/or obligations under these Terms, including in connection with any restructuring, sale, or transfer of all or part of our business or assets, provided that such assignment does not materially diminish the protections afforded to you under these Terms. You may not assign, transfer, sub-contract, or otherwise deal with any of your rights and/or obligations under these Terms without our prior written consent.
• Third Party Rights — These Terms are made for the benefit of you and us, and are not intended to benefit, or be enforceable by, any third party. For the avoidance of doubt, the Contracts (Rights of Third Parties) Act 1999 does not apply to these Terms, and no person other than you and us shall have any right to enforce any of their provisions.

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, formation, or interpretation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims), save that, if you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in your country of residence and we may bring proceedings against you only in the courts of the country in which you reside.

If you have any questions about these Terms, or about the Platform more generally, please contact us:

By email: tonesandtells@gmail.com

If you are unhappy with our response to any complaint, you may ask for it to be escalated and reviewed by a more senior member of our team by replying to our response using the same contact details. We aim to acknowledge complaints promptly and to resolve them within a reasonable time.