Terms & Conditions of Use

Last Modified: August 4, 2020

TC Global Inc. (“TCG”, "we", "us", "our" or the “Company”) is a corporation formed pursuant to the Business Corporations Act R.S.O. 1990, CHAPTER B.16 in Ontario, Canada. In consideration for permitting your access to our website, online platform and online store marketplace (in which users can network, share content, message one another, post classified ads, buy and sell various products) each hosted at https://tamilculture.com and related subdomains (collectively the “TCG Platform”) and other good and valuable consideration, you agree as follows:

These terms and conditions (the "Terms") form a legally binding agreement which govern your relationship with us and your use of the TCG Platform.

These Terms have provisions which limit our liability and impose obligations on you. You must review these Terms carefully before using the TCG Platform. By using TCG Platform, you, the user ("you" or "your"), represent and warrant that (i) you are at least 18 years old; and (ii) you have read and understand these Terms and agree to be bound by them.

If you are using the TCG Platform on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, "you" and "your" will also refer to that organization and yourself individually. For greater clarity, both you as an individual and your organization are legally bound by these Terms which form an agreement between you and TC Global Inc.

If you do not agree to be bound by these Terms or our Privacy Policy, you are not authorized to access or use the TCG Platform.

PART I: GENERAL TERMS AND ESTABLISHING AN ACCOUNT

Amendments to the Terms

As the TCG Platform continues to evolve, we may, at any time, revise these Terms and our policies by updating this page or the page hosting the relevant policy. The date of the last version of these Terms is posted above. As you are bound by these Terms each time you use the TCG Platform, you are responsible for periodically reviewing the amendments to these Terms and you are deemed to have accepted and agreed to such amendments by accessing and using the TCG Platform after such amendments have been posted. If you do not agree with the amendments, you shall immediately stop accessing the TCG Platform and terminate your account, subject to the terms provided for herein. We may also undertake to send you an email or display notice of any changes to the Terms or policies in your account.

Accepting These Terms Means You Are Agreeing to Our Privacy Policy

We use personal information you provide to us in accordance with our Privacy Policy, which is incorporated by reference and available online at https://tamilculture.com/privacy_policy. By using the TCG Platform, you consent to such processing and you represent to us that all information provided by you is accurate.

If you use the TCG Platform to carry on your own business or to provide your own products or services, you agree that it is your responsibility to ensure you comply with applicable privacy laws on the collection, storage and use of personal information you collect on or as a result of your use of the TCG Platform. This may mean that you are required to have your own privacy policy.

About Our Online Service

The TCG Platform provides a platform for:

Authors and creators sharing their content, including articles, embedded videos and audio works;
Connecting with other users in our community and buying products from third party vendors;
Classified ad listings;
Hosting an online shop with your own goods.

As the TCG Platform merely connect various users, buyers and sellers, your relationship with us is that of an independent contracting party. If you operate an online shop using our marketplace, you are not as an employee of ours and regardless of whether you are acting individually or if you are operating your own business in using the TCG Platform, you are not an agent, joint venturer or partner of ours and you hereby waive the application of the Partnerships Act, RSO 1990, c P.5 in Ontario, Canada (where we are based) and any successor or similar legislation in any other jurisdiction. You agree that to the fullest extent permitted by law, no partnership relationship shall exist or be deemed to exist between you and us.

Establishing an Account

You can access the public facing portions of the TCG Platform without establishing an account. You may also purchase products from third party vendors on the TCG Platform by adding items to your cart and checking out as a guest user. However, for a better user experience, to connect with other users, save items in your online shopping cart and to contribute content, you will be required to create an account.

To create an account, you will be required to provide certain personal information as referenced in our Privacy Policy. We may also allow you to create an account via third party sign-in providers such as Google, Facebook, Twitter and others. If you elect to establish your account via a third party provider, you agree to permit us to collect the personal information such third party sends us to establish your account. This may include your profile photos, name, email address and other information.

You agree that access to the TCG Platform and access to your account constitutes good and valuable consideration in exchange for agreeing to these Terms our Privacy Policy and all other documents and policies incorporated by reference.

Upon establishing an account, we grant you a non-transferable, non-exclusive license to access the TCG Platform in accordance with these Terms. However, we reserve the right to revoke that license and your access to the TCG Platform without justification or cause, at any time. We make no representations or warranties as to the ongoing availability of the TCG Platform, or your access to it.

Account Not Transferrable

While multiple accounts can be configured to manage a single online store, classified listings and other features, access to your account is not transferrable and is only intended for you, the individual who established the account.

Account Security

Upon setting up an account, you will be required to create a username and password. You are responsible for safeguarding the password you use to access the TCG Platform and you agree not to disclose your password to any third-party.

You agree to use a unique password for your account which you do not use for any other online service. As we may send password reset notices and links to your email account registered on the TCG Platform (i) you are responsible for ensuring that your email address and phone number provided to us are accurate; and (ii) you represent and warrant to us, and agree that you will ensure, you are the sole person, at all times, with access to the email account registered in connection with your account.

You agree you are responsible for any activity on your account and all correspondence provided to us from any email address or phone number used to register your account, whether or not you authorized that activity or correspondence. You agree that we are, in respect of any instructions or actions taken by a person using your account, entitled to assume that the person is you; the person whose name and personal information is registered and associated with the account.

You must immediately notify us of any unauthorized use of your account.

While we and our third party software and technology providers take certain security measures in relation to the TCG Platform, you acknowledge that the technical processing and transmission of the TCG Platform and related data and information, including your own account data and information, is at risk of being hacked or stolen by third parties and will involve transmissions over various networks and devices, including networks and devices not owned or controlled by us. We rely on a number of third parties to make the TCG Platform available, including data and web hosting providers. You accept all such risks in using the TCG Platform and you agree and acknowledge that in using online platforms, there is always a risk of unauthorized access to and use of your information, including your personal information.

PART II: PARTICIPATING IN OUR ONLINE COMMUNITY

In using the TCG Platform, you agree, and you represent and warrant to us and all other users of the platform, that you:

Will not use the TCG Platform in a way that has any unlawful or fraudulent purpose or effect;
Will comply with all applicable laws, rules and regulations;
Will not use or disclose personally identifiable information belonging to others except (i) with their consent; and (ii) in accordance with applicable privacy laws, rules and regulations;
Will not upload, copy, distribute, share or otherwise use or generate data or content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, sexual in nature, threatening, racially or ethnically offensive or abusive, that would violate a third party’s rights (including their intellectual property rights), constitute or encourage a criminal offense or give rise to civil liability or damages;
Will not upload, transmit, disseminate, post, share, store, use any content, data or information, perform any services or do anything that infringes on, or contributes to any infringement of, any intellectual property rights; including copyright, trademark, patent or trade secret rights, whether of ours or any third party;
Will not disclose your password or transfer your account to any third party, or allow any third party to access your account;
Will not impersonate any person or entity;
Will not upload, copy, distribute, share, create or otherwise use content, code or information that contains or embodies software viruses or any other malicious computer code that is designed to interrupt, undermine, destroy or limit the functionality of any computer software, hardware or communications equipment, or that is designed to perform functions on any software, hardware or equipment without the owner's express consent;
Will not access the TCG Platform by any means other than through the interface provided by us for use;
Will not use any software bot or data scraping techniques that accesses the TCG Platform to scrape or pull data for any purpose, whether such data was displayed publicly or not.
Will not collect, harvest or store any personally identifiable information, including user account information, from us;
Will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the TCG Platform and its underlying software code;
Will not circumvent, disable, violate or otherwise interfere with any security related feature of the TCG Platform.

We may, but have no obligation to, remove users and block internet protocol (“IP”) addresses from accessing the TCG Platform that we determine, in our sole discretion, to have, or which may reasonably appear to have, violated these Terms.

PART III: CONTRIBUTING CONTENT (ARTICLES, BLOG POSTS, COMMENTS ETC.)

The TCG Platform permits you and other users the ability to upload and post content including messages with other users, images, videos, audio clips, classified ads and articles or blog posts ("User Content"). You represent and warrant that you own or have the necessary licenses, rights, consents and/or permissions to use and authorize us to use all trademark and copyright or other proprietary rights in and to your User Content in the manner contemplated in these Terms and on the TCG Platform. While readers can access and read your content for free, we also permit users to voluntarily tip or donate to their favorite authors to support their content.

Your Grant of a License to Us for your User Content

Whether we pay you for specific User Content or not, in order for us to use and display your User Content, we need a license from you to do so. Accordingly, you hereby grant us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the TCG Platform (or provide to us to post or upload to the TCG Platform) in order to facilitate the ordinary use of the TCG Platform. As the above license is irrevocable, you agree that once your User Content is posted on the TCG Platform or any third party website, we shall have no obligation to remove it, although we may do so in our sole and absolute discretion.

While you have agreed, in these Terms, that your ability to use and access the TCG Platform and any account you create constitutes good and valuable consideration in exchange for accepting these Terms, we may, but have no obligation, to pay you for certain User Content you contribute. You agree that where we pay you any fees, in any amount, to use your User Content, the aforementioned license to use said User Content shall be granted to us on an exclusive basis. This means that you agree not to upload, display or use said User Content in any other publication, or anywhere else online or in print.

The TCG Platform also allows readers to donate money to you as a content producer. We and our payment processors may take a fee to facilitate such payments via the TCG Platform. For details on our fees and how to donate to a content producer, please see the TCG Platform.

We May Use your User Content on Third Party Websites

You agree that we may also use any of your User Content, including all articles, blog posts, images, videos or audio content that you create and which is uploaded to the TCG Platform or otherwise provided to us, on third party websites, including third party publishing platforms like Medium (https://medium.com). Where we elect to publish your content on such third party websites and publishing platforms, in all cases, we will attribute your User Content to you.

You agree that we may make amendments to and create derivative works from your User Content, including your articles and blog posts. You agree that you are hereby waiving your moral rights in and to such User Content, in order to permit us and others to make such amendments or create such derivative works.

Restricted User Content

In addition to any submission rules or guidelines listed on the TCG Platform, or otherwise communicated to you, you agree that none of the works (whether written, audio or visual) you upload or provide to us will include any content that:

violates another person's rights, including their copyright and other intellectual property rights;
constitutes or encourages a criminal offense, gives rise to civil liability or violates any laws, rules or regulations;
constitutes professional, legal, medical or financial advice;
is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, racially or ethnically offensive or abusive;
discloses personally identifiable information belonging to others unless you have their authorization to do so.

You are Responsible for Your User Content

You agree that you are responsible for the content you post, upload or otherwise provide to us. You assume all risks related to posting your User Content, including, for example, risks arising from someone else’s reliance on your User Content.

We Are Not Endorsing User Content

We do not review or pre-screen all User Content. No articles, blog posts or other User Content posted to the TCG Platform shall be considered our endorsement of such content, the author or any views or advice presented. You rely on the contents of the TCG Platform at your own risk.

PART IV: OUR ONLINE MARKETPLACE

The TCG Platform also allows third party sellers to sell their own goods and services. Our marketplace technology allows sellers to list their products and services for sale and facilitates payments between buyers and sellers via third party payment processors.

We are not a consignment service. We do not take ownership, possession or title to any of the goods being sold by third party vendors on the TCG Platform. We merely connect buyers and sellers of goods online. When you buy or sell products or services on the TCG Platform, unless otherwise indicated by us, you are buying and selling goods and services directly with a third party seller or another user of the TCG Platform.

Terms Applicable to Sellers

To operate an online store on the TCG Platform marketplace, you will be required to submit an application to us.

If you list your products or services for sale on the TCG Platform you represent and warrant to us, and any purchaser of your products or services that (i) the description of your goods is accurate and not misleading; (ii) you are lawfully permitted to sell the goods or offer the services you make available; (ii) the goods are authentic; (iii) the goods are safe and comply with all applicable laws, rules and regulations in the jurisdictions in which you will sell and ship the goods to; and (iv) you have acquired all necessary rights to use the photos, trademarks and tradenames you upload in connection with the sale of any goods or services.

As a seller on the TCG Platform:

it shall be your responsibility to ensure you accurately display your full legal name (whether personally or your business name if you are offering goods for sale as a business), as the seller of the goods or services, on the pages displaying products and services you are offering for sale;
you agree that you are responsible for the goods and services you sell via the TCG Platform marketplace.

While we do not actively monitor or review all product and service listings, we reserve the right to remove any listing or product images you upload to the TCG Platform if we reasonably believe they are misleading, fraudulent, contrary to these Terms or otherwise do not conform with our internal listing requirements, as updated and amended from time-to-time. We may also reject, cancel or terminate any order placed on the TCG Platform, including accepted orders, for any reason, including to protect buyers where we reasonably believe a seller has posted goods or services for sale which do not comply with these Terms.

As a seller, you may elect to remove your goods from the TCG Platform at any time. If you require assistance to delist your goods, please contact us.

Terms Applicable to Buyers

Unless indicated on the webpage hosting the products you purchase on the TCG Platform, products offered for sale are offered by other users and third party vendors, not us. When you purchase products on the TCG Platform, we accept payment and remit your payment to the applicable seller, after deducting our fees.

As we merely provide the marketplace technology to allow our users and third party sellers to sell their goods and services, you agree that we accept no responsibility, and shall not be liable to you, in connection with any products or services sold by our users or third party vendors. Accordingly, you accept all risks associated with buying products or services from third party vendors on the TCG Platform, including but not limited to, another user posting misleading or fraudulent information or failing to duly facilitate refunds and product returns.

As the TCG Platform merely facilitates the sale of goods and services between independent buyers and sellers, we do not represent or warrant that:

product descriptions, images or other content uploaded on the TCG Platform by third party sellers is accurate, complete or error-free;
the goods or service you purchase are of any particular quality or standard, conform to the descriptions provided by third-party sellers
the products are safe for consumption or use.

Prices and Placing an Order

Sellers are permitted to revise pricing information any time prior to accepting and processing an order from a buyer. Accordingly, prices listed on the TCG Platform by sellers shall be deemed to be an invitation to make an offer and place an order. When a buyer submits an order, the order is subject to the seller’s acceptance at the list price. Even in the event of the automated processing of an order, you agree that the seller will have the opportunity to review and accept it prior to shipment. This allows sellers to confirm their products are still available for sale and that they are able to ship to the shipping address provided. As a buyer, once your order is accepted, you agree to pay all fees and taxes specified in these Terms and on the checkout page.

Our Fees

While listing goods or services for sale on the TCG Platform as a seller is free, in the event an order is placed, we charge a fee on the sale price of each order. Our fees are communicated to sellers via email and/or displayed in their online accounts. Our fees may be updated from time to time as communicated to you. However, we will provide at least fourteen (14) days’ notice of any such changes via email or from within your account. Our fees are deducted from payments we receive from the buyer prior to us releasing the balance of the purchase price to the seller.

Taxes

You agree to pay any and all sales taxes, whether Canadian or foreign, applicable to this agreement or arising in any way from your purchase of goods or services and use of the TCG Platform.

You agree and acknowledge that if you are offering products, licensing us User Content or providing services via the TCG Platform, you may be required to collect and remit sales, income and other taxes to applicable government authorities in connection with the supply of your goods, content and services. You agree that we are not responsible for, and shall not be liable in connection with, your failure to collect and remit any and all such taxes. To the extent you earn any income as a result of using the TCG Platform, you agree that it shall be your sole responsibility for declaring and paying all taxes associated therewith, including but not limited to sales and income tax, in all applicable jurisdictions.

You agree to indemnify us against any claims from a government or taxing authority arising from or related to your failure to deduct and remit applicable sales and income taxes.

You agree that upon request and subject to applicable laws, we may share records of your income earned on or via the TCG Platform with governmental authorities, including tax authorities.

Shipping

You agree to pay all shipping fees displayed on the checkout page in connection with your order. Sellers may also cancel or correct shipping fees after an order has been place, however, upon making any such changes, buyers shall have the right to cancel or terminate the order if they do not accept the amended fees.

As we are not the seller of the goods, we make no representations or warranties as to shipping times. Any shipping times displayed to you should be viewed as an estimate only.

Refunds and Returns

All refunds and return policies shall be the responsibility of the seller to display on their product listing pages on the TCG Platform. Absent any such return or refund policy being displayed by the applicable seller, as a buyer you agree that refunds will only be granted if (i) the goods sold and delivered do not materially conform with the description provided by the seller on the TCG Platform; (ii) we reasonably conclude that the goods are inauthentic or otherwise violate the terms of this agreement or our policies; or (iii) the seller fails to ship the goods within twenty (20) calendar days of the order being placed. Otherwise, all sales are final. Shipping costs are not refundable and return shipping fees may apply, if a return is granted. Accordingly, you accept that you may not be permitted to return or exchange any of the products you order from the TCG Platform.

COMPLAINTS: If you believe that a seller has not complied with their own refund and return policy or these terms, to raise a complaint and commence the refund process, you must email us within three (3) days of your goods being received or within three (3) days following the expiration of the above twenty (20) calendar day period. Your email must specify one or more of the above reasons in which you are requesting the refund.

We will make a determination as to whether a refund will be processed based on the information supplied by both the buyer and the seller by deadlines we may impose after the complaint is raised. Our refund determinations are final and you agree that pending our determination, we may either (i) refund the purchase price in full after the buyer has returned the goods, at their expense, via return shipping to the seller; or (ii) deem the sale to have duly concluded and not process the refund.

As a seller, you accept all risks and losses arising from our (or the applicable payment processor’s) determination to grant a refund or chargeback, including the risk that the products in question may not be returned, or may not be returned in the condition they were shipped in. You agree that our determination as to any dispute or claim you have arising from our refund determination shall be brought only against the other user, whether as buyer or seller, and not us.

If we approve your refund claim, you must ship the goods back to the seller within five (5) calendar days, or such longer period if approved by the seller. However, return shipping fees are at your expense. We do not provide return shipping labels or arrange for return shipping. You must provide a tracking code from a major shipping company (FedEx, Purolator etc). Refunds will not be processed with our payment processors until we have received confirmation from the shipping company that the goods have been returned to the seller. Even in the event we permit a refund, where you fail to ship the products being returned in the time period specified, we reserve the right to refuse the refund thereafter.

Payments from Buyers to Us

All payments for the purchase of goods on the TCG Platform are paid to us. We use a third-party payment processor, PayPal Canada Co. and their related and affiliated entities (collectively “PayPal”), to process payments from you. Although we may display, embed or redirect you to their forms on the TCG Platform, when you provide your payment details, you are providing them directly to PayPal. You consent to their collection and use of your personal information in doing so and their applicable agreements and terms of use. In order to facilitate payments, you may be required to hold a PayPal account or provide us or PayPal with your banking and payment information. For more information on PayPal’s terms of service for Canadian users, visit https://www.paypal.com/ca/webapps/mpp/ua/useragreement-full

We will have access to view portions of your payment information and transaction details via PayPal. We will also automatically share that information with the applicable seller on the TCG Platform. However, we do not collect or store your full credit card number. You acknowledge that PayPal may have their own terms and conditions and privacy practices that apply to you and your personal information. If you have any questions concerning our third-party payment providers, please contact us.

Payments from Us to Sellers

After deducting our fees and taxes in accordance with these Terms and subject to a refund being processed in favour of the buyer, we release the balance of the purchase price via PayPal, typically within seven (7) days, or after the expiration of any return or refund period, for a seller’s goods. You will be required to have a PayPal account to receive payments.

Payment Holds and Chargebacks

We reserve the right to withhold payment to a seller pending the resolution of any refund claim or complaint raised by a buyer.

You agree that as a seller, you shall be fully liable and responsible for any chargebacks processed by our payment processors, credit card providers, banks or other third party. In the event we provided you with your payment and a chargeback is subsequently processed, you agree to return the applicable payment(s) to us. In no event will we be liable or responsible for any chargebacks processed in favour of a buyer or other third party.

PART V: ACCEPTANCE OF RISK, LIMITATION OF LIABILITY AND INDEMNIFICATION

Acceptance of Risk and Disclaimers

The TCG Platform merely provides a publishing platform, connects you with other users and facilitates an online marketplace of sellers and buyers of various goods and services. You accept all risks associated with using the TCG Platform, including those arising from interacting with other users, buyers and sellers.

Our TCG Platform is provided "as is" without warranty of any kind, including but not limited to, all implied warranties and conditions of merchantability and fitness for a particular purpose. We hereby disclaim all warranties and conditions of any kind, whether express, implied or statutory.

Without limiting any other section of these Terms, you agree that we shall not be responsible for any damages you suffer arising from the acts or omissions, including the negligent acts or omissions, of other users (including content creators, sellers, buyers and others) on the TCG Platform, our independent contractors, payment processors or third-party service providers.

You agree that, while we strive to have the TCG Platform error free and uninterrupted, we do not guarantee the absence of errors or interruptions. You agree that we shall not be held liable for any damage such errors or interruptions may cause. We make no representations and grant no warranties as to the uptime of the TCG Platform.

We may also perform scheduled maintenance which will result in the TCG Platform being unavailable for certain periods of time.

While users are required to comply with these Terms, including the acceptable use terms listed above, we make no representations and grant no warranties that other users, who operate independently on the TCG Platform, have in fact or will in fact, comply with all such terms or that the representations and warranties they make, herein, are or will remain accurate.a

We make no representations and grant no warranties as to the content uploaded, products or services provided by or offered by other users on TCG Platform. When you engage with another user of the platform to provide you with products or services, you are engaging with an independent provider. We have not conducted any background checks, due diligence or verified the identity of other users, sellers or buyers. Simply by virtue of another user or online store being listed on our platform does not constitute our endorsement of that user or online store, or that they are trustworthy, or that the products or services they offer are to any particular standard or quality.

While other users of the TCG Platform provide information to us about themselves, their services and their business, we do not independently verify that information or take measures to confirm the identity of other users in all cases and as such, do not make any representation or warranty that any of the information provided about another user is true or accurate.

You acknowledge and agree that we have no control over and do not guarantee the quality, safety, suitability, or legality of any products or services made available by other users on the TCG Platform, the truth or accuracy of any User Content or any ratings or reviews posted by other users, or the performance or conduct of any other user.

You agree that we shall not be obligated to, nor do we accept any liability or responsibility for resolving or managing disputes which may arise between you and any other user. If you have a dispute with another user, it is your responsibility to take your own legal action against such user.

You assume all risks associated with dealing with other persons whom you meet, or, come in contact with as a result of using the TCG Platform, whether in person, online or offline, via telephone, text message or any other form of communication.

Any classified ads posted on the TCG Platform are the responsibility of the ad poster. We do not represent or warrant that the ads are accurate, or that any of the products, services or events offered as part of such ads are safe, reliable, lawful or meet any particular standards or quality. You access, use and rely on such ads at your own risk.

Limitation of our Liability

ASIDE FROM CLAIMS FOR DIRECT AMOUNTS OWING TO YOU AS A RESULT OF INCOME YOU EARN ON THE TCG PLATFORM, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BY NEGLIGENCE OR OTHERWISE, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.

IF YOU ARE DISSATISFIED WITH THE TCG PLATFORM, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE TCG PLATFORM.

IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF THE TCG PLATFORM, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE LESSR OF (i) $25.00 OR (ii) THE AMOUNTS OWING TO YOU FOR INCOME YOU HAVE DULY AND LAWFULLY EARNED USING THE TCG PLATFORM TO SELL PRODUCTS OR SERVICES.

YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE TCG PLATFORM WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.

Indemnification

You agree to indemnify us, our employees, shareholders, directors and officers, and to defend and hold each of them harmless, from any and all claims and liabilities (including reasonable legal fees) which may arise from (i) your violation of these Terms or any policy incorporated by reference; (ii) your violation of any third-party right; (iii) any breach of a representation or warranty made by you to us, either in these terms, privacy policy or otherwise; (iv) any claim for damages suffered by another user of the TCG Platform which you caused or contributed to; and (v) any claim or penalties imposed on us arising from or related to your failure to collect or pay any applicable taxes on amounts you earn from using the TCG Platform.

PART VI: OTHER TERMS

Proprietary Rights

The TCG Platform contains open source and public domain content, licenced content as well as proprietary content owned by us and by third parties. You are not permitted to copy, use or distribute any content (including but not limited to text, software code, images, trademarks, videos and audio) on the TCG Platform without the express consent of the owner.

All rights, title and interest in and to the TCG Platform are and will remain the exclusive property of TC Global Inc. and our licensors.

The TCG Platform and all content thereon are protected by copyright, trademark and other laws of Canada, the United States and foreign countries. You agree not to reproduce, modify or prepare derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the TCG Platform or any content thereon, without our express written consent. You also agree not to copy, modify or reverse engineer the software code which underlies the TCG Platform. You are not permitted to use any trademark or trade name of TC Global Inc., including our logo, without our express permission.

Feedback

We do not consider proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements you provide us (“Feedback”) to be confidential information. If you send any Feedback to us, you acknowledge and agree that we shall not be under any obligation of confidentiality with respect to the Feedback and nothing in these Terms limits or restricts our right to independently use, develop, evaluate, or market products or services, whether incorporating the Feedback or otherwise.

Copyright Notice

We take copyright infringement seriously. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the TCG Platform, please notify us at [email protected]. While we take no responsibility for any user who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to (i) remove the content; (ii) attempt to contact the infringer on your behalf; and/or (iii) cancel the infringer's account.

Linked Sites

Whether or not we are affiliated with websites or third-party vendors that may be linked to the TCG Platform, you agree that we are not responsible for their content. Internet links found on the TCG Platform, whether posted by us or a third party, are not an endorsement and we do not represent or warrant the accuracy or truth of the contents, or endorse the products, services or information found on said websites. You access those links and corresponding websites at your own risk.

Law of the Contract (Governing Law) and Jurisdiction.

These Terms, all documents incorporated by reference and your relationship with us shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.

You hereby agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us.

Severability

If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

No Construction Against Drafter

If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.

Waiver of Class Proceedings and Trial By Jury

To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.

Incorporation by Reference

All policies referred to in these Terms or anywhere on the TCG Platform are hereby incorporated by reference, including but not limited to our Privacy Policy.

Termination

Though we would much rather you stay, you can stop using the TCG Platform at any time. Please contact us to learn more about terminating your account. Notwithstanding your decision to delete your account or nor longer use the TCG Platform, you agree to pay all fees and taxes as set out in these Terms and as posted on our website and the TCG Platform.

We also reserve the right to suspend your account or access to the TCG at any time, this includes but is not limited to removing your online store, or products from within your online store, with or without reason or cause, and with or without notice.

The cancellation, suspension or termination of access to the TCG Platform shall not terminate this agreement. In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.

Assignment of this Agreement

These Terms shall enure to the benefit of and is binding upon the parties and their respective successors and permitted assigns. You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of the TCG Platform by a third party, the transfer of control of TC Global Inc. or otherwise.

Right to Seek Injunction

Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

New Features

Any new features that augment or enhance the current the TCG Platform, including the release of new versions, new products or services, tools and resources, shall be subject to these Terms.

Questions?

We welcome questions, concerns, and feedback about this policy at [email protected].