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
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.
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
incorporated by reference and available online at
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
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
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
You agree that access to the TCG Platform and access to your account constitutes good and valuable
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
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.
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
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
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
website, we shall have no obligation to remove it, although we may do so in our sole and
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
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
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
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
you agree that you are responsible for the goods and services you sell via the TCG Platform
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.
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.
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
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.
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
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
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
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
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
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.
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
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
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.
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.
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@example.com. 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.
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.
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
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
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.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such
right or provision.
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.