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Terms of Use

WEBSITE TERMS OF USE PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY PINK TIGER INC. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR USE OF THE WEBSITE WWW.PINKTIGER.COM AND ALL SERVICES PROVIDED BY PINK TIGER INC. ON THE SITE. By using the Website in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms of use apply to you and all users of the Website, including without limitation, users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Website. USERS OF THE WEBSITE In order to use the Website, you must be at least 18 years old. You agree that you will not, in connection with the Website, directly or directly do or permit any of the following:

  1. post, upload, reproduce, distribute or otherwise transmit any Content (as defined below) that:
    1. is defamatory, infringing, or unlawful;
    2. is misleading;
    3. is inappropriate, profane, obscene, indecent materials or information;
    4. is unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam”;
    5. contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component;
    6. gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of the Company or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation;
    7. constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including communicating hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography;
    8. engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;
    9. scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
    10. impersonate or falsely represent your association with any person, including a representative of the Company; or
  2. disrupt or threaten the integrity, operation or security of the Website.

If the Company believes that you have violated any Term of Use, the Company may suspend, restrict or terminate your use of the Website, without notice to you, and without limiting any other rights of the Company at law. PASSWORD SECURITY You acknowledge and agree that you are responsible for maintaining the confidentiality of any passwords associated with any account you use to access or use this Website and that you will be solely responsible to the Company for all activities that occur under your account. In the event you become aware of any unauthorized use of your password or your account, you will notify the Company immediately. PRODUCTS AND ITEMS PERMITTED ON THE WEBSITE Items for sale on the Website are limited to high-end merchandise. High-end merchandise includes designs created by established and/or unknown or new designers, artisans and/or artists, as well as manufactured items. Merchandise may be mass produced or completely unique and one-of-a-kind and must fall under the categories set out on the pinktiger.com website. Every item for sale on the Website must be pre-approved by way of a vendor item review to be performed by a member of the Vendor Management team of Pink Tiger Inc. (the “Company”) and must adhere to the standards of “high-end merchandise” as defined by Pink Tiger’s Vendor Management team. In the event the Company does not approve a product, the Company will have no liability to a vendor for any damages resulting from such non-approval and the Company is not under an obligation to provide reasons for its non-approval. If merchandise is mass produced and being re-sold through the Website, the quantities available for purchase of each item must be reported to a member of the Pink Tiger Vendor Management team. Prohibited Items, as defined in this paragraph, are not permitted to be sold or listed on the Website. Prohibited Items are items which are offensive in the sole direction of Pink Tiger Inc., and include:

  1. Pornography;
  2. Items that promote hatred or demean people based on race, ethnicity, religion, gender, sexual orientation, or disability;
  3. Alcohol, drugs and/or drug paraphernalia;
  4. Weapons ;
  5. Illegal, counterfeit or stolen articles;
  6. Recalled items; and
  7. Items that support or instruct others to engage in illegal activity, or glorify acts of violence.

The Company reserves the right to refuse to post any item, in the Company’s sole discretion. LISTING OF PRODUCTS BY VENDORS ON THE WEBSITE All products, items and merchandise posted and listed on the Website must be for sale. In posting an item on the Website, you represent and warrant that you have all legal rights to sell such item. In posting an item for sale on the Website, you must:

(a) Accurately describe the item;
(b) Include in your item posting only text descriptions, pictures or other content applicable to the sale of that specific item;
(c) Ensure that the item is posted under the appropriate category of products;
(d) Indicate the price of the specific item (which may include reasonable shipping and handling fees);
(e) If an item is custom-made and will take a lengthier amount of time before shipping, that must be made clear in the item description.

Photos and descriptions of products must accurately represent the item for sale. If discrepancies and/or complaints are filed with the Company, the Company reserves the right to remove the item and prohibit the applicable vendor from selling any further product on the Website. Different items must each have their own separate posting. If you are selling products on the Website, you must include, on your webpage, your shopping policies, including, at a minimum, your shipping, returns, payment and selling policies, and you must abide by such policies. The Company reserves the right to require any user to modify a shopping policy. Vendors must abide by their policies and are responsible for enforcing their own policies. You may not: (a) Change the price of a product once the price for such product has been listed on the Website; (b) Charge excessive or unreasonable shipping and handling fees or other fees; (c) Charge any hidden fees (the price you post is the price the consumer must be granted); (d) Engage in fee avoidance activities (activities targeted at avoiding the payment of any transaction fee); (e) Promote any other online or electronic commerce or market site; (f) Complete any sale transaction outside the bounds of the Website where such sales were initiated on the Website. Upon a sale of a product, a vendor is obligated to ship the product and complete the sale transaction with the applicable buyer promptly. BUYING OF PRODUCTS ON THE WEBSITE Buyers of products from the Website are responsible for reading the individual shopping policies of any vendor on the Website and for reading the description of a product before making a purchase. All sales are final and binding, unless otherwise permitted by a specific vendor’s shopping policies. The buyer is obligated to deliver appropriate payment for purchased items. RANDOM ACTS OF KINDNESS A percentage of the sale price of each transaction on the Website will be automatically taken by the Company and the Company shall use such funds to perform random acts of kindness, including without limitation, buying food for the homeless or for shelters. It is the intent of the Company to post the total amount of money raised and used towards random acts of kindness, and to provide a video, when possible, showing the random acts of kindness performed. Currently, the percentage of the sale price which will be taken to be used towards random acts of kindness is One Percent (1%). This percentage is subject to change, at the discretion of the Company. If the percentage changes, each vendor on the Website will be notified by email at the email address provided when such vendor opened his/her/its account on the Website. TERMINATION OF AN ACCOUNT The Company may, at any time in its sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including without limitation because the operation or efficiency of the Website is impaired by your use of the Website, we have received a third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms of Use. If: i) the Company terminates a product listing; ii) the Company terminates your Website account; iii) you close your account; or (iv) the payment of any fee or payment due and owing by you to the Company is not completed for any reason, then you remain responsible and liable to the Company for all fees due and owed by you to the Company, plus all applicable service fees and interests charges, if applicable. PROPRIETARY RIGHTS For the purposes of these Terms of Use, “Content” means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work. THIRD PARTY CONTENT: Content accessed or available through the Website or the Internet may be owned by parties other than the Company (the “Third Party Content“) and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Website or these Terms of Use grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Website as set out in these Terms of Use. The Company does not prescreen any Third Party Content posted on the Website, and the Company is not under an obligation to verify the accuracy of any contents of the Third Party Content. The Company does not endorse, warrant, promote or recommend any services or products that may be offered by or accessed through such Third Party Content. The Website may contain links to Third Party Content on websites operated by parties other than the Company (“Third Party Websites“). The Company is under no obligation to verify the accuracy of the contents on Third Party Websites, and the Company does not endorse, warrant, promote or recommend any services or products that may be offered by or accessed through such Third Party Websites or the operators of them. COMPANY CONTENT: Except where expressly stated otherwise, all right, title and interest in and to the Website and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Website (collectively, “Company Content“) is fully vested in the Company, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You agree that Company Content is licensed subject to the terms of these Terms of Use, including the disclaimers and limitations of liability herein. Nothing in your use of the Website or these Terms of Use grants you any right, title or interest in or to Company Content except the limited right to use the Website as set out in these Terms of Use. Unless otherwise expressly authorized by the Company in writing, you agree not to:

    1. copy, modify, deep link, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in Company Content;
    2. distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, of Company Content, to the maximum extent that such prohibition is permitted by applicable law;
    3. remove any proprietary notices or labels on or in Company Content; or
    4. allow any other person or entity to engage in any of the foregoing.

YOUR CONTENT: We do not claim ownership of any content that you post, upload, input, provide, submit or otherwise transmit to the Company, or any third party, using the Website (collectively, “Your Content“); however, you agree that by posting, uploading, inputting, providing, submitting, entering or otherwise transmitting your Content to the Company or any third party using the Website: (a) You have thereby granted the Company a royalty-free, non-exclusive, worldwide, fully paid-up limited license to use, copy, distribute, transmit, display, edit, delete, publish and translate Your Content to the extent reasonably required by the Company to provide the Website to our users or to ensure adherence to or enforce the terms of these Terms of Use (b) You have all rights, titles and interests, as well as the power and authority necessary, to grant the license to Your Content set out above; and (c) You will indemnify and save the Company harmless from and against any liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by the Company relating to or arising from Your Content, including instances where the Your Content (A) infringes any third party content or other third-party intellectual property rights, or (B) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful. NO QUALITY CONTROL The Company is not directly involved in any transaction between users of the Website, and has no control over the quality, safety, legality or morality of any item or product listed for sale on the Website, the accuracy of any product description, or the actual ability of buyers to pay for items. The Company does not pre-screen users of the Website or the content or information provided by users. The Company cannot ensure that a buyer or seller will actually complete a transaction and the Company does not transfer legal ownership of any items from a seller to a buyer. AMENDMENTS TO THE TERMS OF USE The Company reserves the right to amend these Terms of Use at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. The Company will ensure that the latest, fully-amended version of these Terms of Use is published on the Website. You are responsible for regularly reviewing the Website to obtain timely notice of such amendments. If any amendment is unacceptable to you, you may stop using the Website. If you continue to use the Website after the effective date of each amendment, you will be conclusively deemed to have accepted such amended version of these Terms of Use. DISCLAIMERS, LIMITS OF LIABILITY AND INDEMNITIES. USER ACKNOWLEDGEMENT: YOU ACKNOWLEDGE AND AGREE THAT: (i) ALL USE OF THE WEBSITE PROVIDED BY THE COMPANY IS AT YOUR OWN RISK; (ii) THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES, WHICH ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY THE COMPANY OF SUCH WEBSITES OR THE INFORMATION CONTAINED THEREIN; AND (iii) THE WEBSITE PROVIDED UNDER THESE TERMS OF USE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DISCLAIMER OF WARRANTIES: THE COMPANY MAKES NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE WEBSITE OR ANY OTHER PRODUCTS SUPPLIED UNDER THESE TERMS OF USE. THE COMPANY EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER. NO LIABILITY: NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS CONTROLLING PARTIES, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, IN THESE CAPITALIZED SECTIONS, “THE COMPANY GROUP“) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THESE TERMS OF USE OR THE USE, OR NON-USE OF THE WEBSITE OR ANY SOFTWARE, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE COPANY GROUP HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING: (i) ANY LOSS OR DAMAGE TO DATA ARISING DIRECTLY OR INDIRECTLY OUT OF USE OR NON-USE OF THE WEBSITE OR RELATED COMPONENT; (ii) DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, OR DEFECTS ON OR RELATED TO THE WEBSITE; (iii) ANY LOSS OR DAMAGE WHICH RESULTS TO YOU FROM THE NON-COMPLETION OF A TRANSACTION OF PURCHASE OR SALE VIA THE WEBITSE; (iv) ANY LOSS OR DAMAGE WHICH RESULTS TO YOU FROM A USER NOT ABIDING BY ITS WARRANTY OR OTHER SALES’ POLICY; (v) ANY LOSS OR DAMAGE WHICH RESULTS TO YOU AS A RESULT OF BROWSING OR USING THE WEBSITE. WITHOUT RESTRICTING THE FOREGOING, IF CIRCUMSTANCES ARISE IN WHICH YOU OR ANOTHER PARTY IS ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF THE COMPANY GROUP, THE AGGREGATE LIABILITY OF THE COMPANY FOR DAMAGES IS LIMITED TO THE AMOUNT PAID TO THE COMPANY BY YOU THROUGH THE WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE CIRCUMSTANCES IN WHICH SUCH LIABILITY ARISES. APPLICABILITY: SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THESE TERMS OF USE, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THESE TERMS OF USE CONSISTENT WITH SUCH PROHIBITIONS. USER INDEMNITY: YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE SOLICITORS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OR USE OR AS ARISING FROM YOUR CONTENT. COMPLAINTS PROCESS If you have any question or complaint about this Website, please contact the Company at: info@pinktiger.com GENERAL: NOTICES: Except as otherwise expressly stated, any notices will be given by postal mail to the Company at:

Pink Tiger Inc.
Attention: Susan Norton
302-2197 Riverside Dr., Ottawa ON K1H 7X3

or, if notice is being provided to you by the Company, such notice will be sent to the most recent email address you provided to the Company. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, the Company may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you to the Company. In such case, notice shall be deemed given three (3) days after the date of mailing. GOVERNING LAW: These terms of use will be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. SEVERABILITY: If any provision of these terms of use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability attaches only to such provision and all other terms of use herein will continue in full force and effect. NO SERVICE GUARANTEE: The Company does not guarantee continuous, uninterrupted access to the Website, and operation of the Website may be interfered with by numerous factors outside the Company’s control. The Company will have no liability to any user of the Website for any damages suffered by any user of the Website resulting from interrupted access to the Website. PRIVACY: The Company will not sell or disclose your personal information to third parties without your prior express consent. CURRENCY: All monetary amounts mentioned in this web site are in Canadian dollars unless otherwise noted.

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