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Terms and Conditions

These Terms and Conditions ("Terms") govern your use of the services ("Services") provided by Tough Commerce Inc. and its subsidiary, Brokrete USA Inc. (collectively, "Tough Commerce", "we", "us" or "our") through our platform ("Platform").

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By creating an account and using our Services, you agree to these Terms. If you do not agree to these Terms, do not use our Services.

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  1. User Eligibility. Our Services are intended for use by individuals who are at least 18 years old. By using our Services, you warrant that you meet this requirement.

  2. User Accounts and Account Security. You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately at support@toughcommerce.com of any unauthorized use of your account.

  3. User Conduct and Prohibited Activities. By using our Services, you agree not to engage in activities such as spamming, hacking, uploading harmful or offensive content, or any other activities that disrupt our Services or harm other users.

  4. Services. Our Services allow you to create an account, log in, view products that suppliers are offering, purchase and pay for them, track your order and delivery, receive emails and texts regarding the order and updates, review your invoices, and pay your invoices.

  5. Payment. All payments for our Services are handled by Stripe, our third-party payment processor. Stripe accepts credit card, debit card, ACH, and PAD payments. We do not store any of your sensitive financial data.

  6. Refunds and Cancellations. Refunds and cancellations are subject to the individual policies of the suppliers. We are not involved in and shall not be liable for refunds or cancellations.

  7. Privacy and Security. We collect and store information about you, such as your name, email, business name, and number, and provide this information to the suppliers. We implement standard security measures, including encryption and secure servers, to protect your data. Please review our Privacy Policy for more information on how we collect, use, store, and share your data.

  8. Third-Party Financial Services. Our Platform refers to third-party financial services like Billd, Quickly, and LendFlow. Any interaction with these services is governed by the respective terms of the third-party providers, and Tough Commerce is not responsible for any interactions between you and these services. Your data will only be shared with these services upon your request.

  9. Cookies and Tracking. Our Platform uses cookies and other tracking technologies to improve user experience and to analyze platform usage. You can control cookies at the individual browser level.

  10. Service Availability. We aim to provide our Services 24/7, but there may be times when our Services will be interrupted for maintenance, upgrades, or emergency repairs, or due to failure of telecommunications links and equipment.

  11. Intellectual Property. All intellectual property rights in the content available on the Platform are owned by Tough Commerce Inc. You are not permitted to use this content in any way not expressly permitted by us.

  12. Account Termination. We may suspend or terminate your account at our sole discretion.

  13. Dispute Resolution. Any disputes between you and the suppliers should be resolved directly with the supplier. We are not involved in dispute resolution.

  14. Modifications to Service. We reserve the right to modify or discontinue our Services with or without notice at any time.

  15. International Use. Our Services are available to users outside of Canada, including the US and Australia. It is your responsibility to ensure that your use of our Services complies with all local, legal requirements in your jurisdiction.

 

Limitation of Liability

Tough Commerce shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses.

  1. Indemnity. You agree to indemnify and hold harmless Tough Commerce, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

  2. Governing Law. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation shall be governed by and construed in accordance with the laws of Ontario, Canada.

  3. Changes to These Terms. We may update these Terms from time to time. The updated version will be indicated by an updated "Last Updated" date and the updated version will be effective as soon as it is accessible.

  4. Contact Us. If you have any questions about these Terms, please contact us at support@toughcommerce.com.

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Last Updated: June 22, 2023

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