Terms & Conditions

TERMS OF USE

Updated as of January 7, 2021

Welcome to tuscart and www.tuscart.ca and/or the mobile application, tuscart.  The Terms of Use (“Terms” hereinafter) outlined herein are the principal terms and conditions that apply to your access and use of the website: www.tuscart.ca and the mobile application, tuscart (each referred to individually as the “Website” or “App” or “Mobile App” and collectively as the “Product(s)” or “Service(s)”).  This document is a legally binding agreement between you as the user(s) of either of the Products or Services and you will be referred to as “you”, “your”, “user” or “ End-user” hereinafter and tuscart entity, 12368374 Canada Inc. doing business as “tuscart”, will be referred to as “we”, “our” “us” or “tuscart” hereinafter. 

We are merely a delivery vehicle and an interface between you and the merchant store(s) (referred to as “Merchant” hereinafter) from whom you wish to purchase the products and/or avail of the services of your choice. You use our Product which may be our Website or our Mobile App to purchase the products and services offered by a Merchant. We charge you a minimal amount and offer you the luxury and convenience to order products and/or services you wish to purchase from the Merchant of your choice from the comfort of your home or for that matter while you are on the go by using our Website or our Mobile App. Merchant is responsible for the quality, freshness, and usability of the products, which the Merchant supplies to you and Merchant is also responsible for the quality of services the Merchant renders to you AND you are responsible for payment of the products and/or services you purchase/utilize/avail of though us by the use of our Product which may be our Website or our Mobile App by paying us our fair share in offering you this convenience. We are NOT the Merchant and you agree and acknowledge that you will not hold us accountable as a Merchant. If you are not in agreement with this arrangement, do not use our Product to order or purchase the products and/or services from the Merchant.

Your privacy is important to us. Our Privacy Policy governs how user information is collected and used by tuscart. By registering, accessing, or using the services contemplated hereunder through the use of the Products or otherwise, you are signifying your acknowledgment of and agreement to our Privacy Policy. Please click here to view our Privacy Policy. We may send you flyers and other promotional emails or electronic messages regularly. You can unsubscribe from these promotional emails through the unsubscribe messages regarding your account(s).

Apart from what is outlined in these Terms, additional terms may apply to your use of certain tuscart’s Services. Such additional terms are incorporated by reference into these Terms. We will provide these additional terms to you or post them on the applicable Products or Services. If there is a conflict between these Terms and any additional terms that apply to a particular Product or Service, the additional terms will control. Marketing tactics and sales campaigns including but not limited to promotions, special offers, raffles, and contests on the Services may also have additional terms, rules exclusions, and eligibility requirements, such as restrictions related to geographic area or age. Such eligibility requirements and restrictions are only to ensure proper management of the sales campaigns and are not intended as a discriminatory measure. 

The following Terms govern your use of the Product, documentation, and related materials under the service and delivery model which is centrally hosted by tuscart and utilized by the End-user on a registration/subscription basis and may include printed materials and online or electronic documentation and services not controlled by tuscart.

Use

Your registration or mere use of either of the Products or Service, confirms your acceptance of these Terms and your consent to be bound by these Terms. If you do not consent to these Terms, do not use this Product. In the event of a violation of these Terms, tuscart reserves the right to seek all legal remedies available in law and equity. tuscart may terminate your use of the Website or the Mobile App at any time, for any reason or no reason, and without prior notice to you. tuscart may and from time to time revise these Terms. It is advised that you should regularly visit this page from time to time to review these Terms to remain updated on any amendments or modifications to these Terms. Your use of the Products or Services following any such amendments shall be considered your agreement to be bound by the Revised or Modified Terms of Use which is also referred to as “Terms” hereinafter.

To access the Website or the Mobile App, tuscart may require that you register as a customer to access the Website or the Mobile App.  Once you register, you may be required to log in to access and avail of our Services or you may use the Product(s) as a guest. You may even be requested to log in through one of the social media networks at your discretion if such a login is permitted through the Website or the Mobile App.  The accuracy, security, and confidentiality of your password(s) and/or profile information is your responsibility and we may even recommend that you review your login information and change it regularly to maintain the security of your login information.  You will be responsible for all use of your account including any transaction that takes place while using your account. You agree to use the Website and the Mobile App in full compliance with any restrictions that may apply to the transaction including age or geographical restrictions. 

In some cases, to register for or log in to a Service, you may first be required or requested to provide additional profile information relevant to your access to or use of such additional Service. Some Services are available only to customers who live in certain geographic areas or have other restrictions as to their availability.

To use the Services, if we request registration, billing, or other information from you, you agree to provide us with accurate and complete information and to update the information when it changes.

Order Process and Payment

All dollar amounts referred to in these Terms are and will be paid in the lawful currency of Canada and Canadian dollars. tuscart reserves the right to require a minimum order value (excluding fees, charges, and/or taxes) and tuscart may, at any time and in its sole discretion, waive, change or vary by location, any minimum or maximum order requirements. Additionally, tuscart may, in its sole discretion, charge service fees for delivery which, service fees will be displayed as a “delivery fee” on our Product. This delivery fee may vary by geographical location(s), selected store(s), or time or the order/delivery. However, these will be displayed on the ordering page and confirmed at checkout when submitting your order on tuscart’s basket on our Product. You are responsible for any fees, including legal costs and collection costs, that we may incur in collecting any unpaid balances from you.

Upon the completion of the checkout and then submit your order through our Product, you agree to pay tuscart, the full and total prices of the items you selected (or any substitutions you accepted), and all applicable charges and ancillary charges (e.g. extra charges for bags, deposits, delivery fees, special delivery fees, oversize fees, overweight fees, early delivery fees, fees due to change in the delivery address, etc. hereinafter referred to as “Ancillary Charges”), taxes, charges by credit card or other payment methods. You authorize us to process payment of the applicable purchase price via the payment mechanism you select from the available choices, and you represent and warrant that you are authorized to use the applicable payment mechanism. If your payment method is by credit card and is rejected by the card issuer or processor, your order will not be filled and we will have no obligation in respect of it. During the credit card authorization process when you submit your order, your card is validated and must have enough funds available for the transaction to be approved. Upon approval, the order will be prepared for dispatch and delivery to you. You may be required to provide certain additional information that is required to complete the processing of your order. Incomplete orders may not be accepted. tuscart reserves the right to change the permitted methods of payment at any time.

You may modify or cancel your order (including adding or removing products, changing quantities, or changing order delivery or pickup details) via our Website or Mobile App up until the cut-off period indicated on tuscart (the “Cut-off Period”).  If an order is canceled after the Cut-off Period, tuscart reserves the right to charge a cancellation fee (which, if applicable, will be indicated before you finalize your cancellation). tuscart may, in its sole discretion, accept or reject any order placed via its Website or Mobile App. All offerings on tuscart are merely invitations to purchase and NOT offers to sell. Any online or email confirmation of receipt of an order after placement is an acknowledgment of receipt of the order but not an acceptance of the order nor is it a confirmation of a sale. All orders are subject to tuscart’s cancellation right as set out in these Terms. The order placed by you is accepted when we finally dispatch the order for delivery to you.

The amount authorized during the credit card authorization process will be the estimated amount of your order, including charges including but not limited to Ancillary Charges, taxes, charges by credit card, or other payment methods. While your order is being prepared, if an item you have ordered is not available, we will where reasonably possible, substitute another comparable item. This item may be at a different price than the one you ordered. At the time of delivery of your order or upon receiving your order, we will inform you as to which item(s) have been substituted, and you may accept or reject any items in the order, including any substitutions. We will then update your order, and within a reasonable time following receiving your order, we will contact you with a list of all items you have accepted and the amount which will be charged to your payment method. The amount charged to your payment method could differ from the estimated amount due to matters such as product unavailability, product substitutions, differences between estimated and actual weights for items priced by weight, actual numbers of shopping bags as compared to estimated numbers, Ancillary Charges, and other such matters. The resulting final amount will be charged to your payment method.

tuscart may, in its sole discretion, cancel your order placed by you after accepting the order. In such a case, we will contact you. We will have NO OBLIGATION to fulfill your order should we decide to cancel your order. In case of such a cancellation, we will not be liable to you in respect of the canceled order and therefore you will have no obligation to pay for it. Under some circumstances, we may need from you some additional information we may require you to verify certain information before accepting or fulfilling an order. In such a case we will contact you. 

We reserve the right, in our sole discretion, to limit quantities of items purchased per person, per household or order, or otherwise from time to time. We will make reasonable efforts to contact you if such limits or prohibitions are applied to an order by you.

We always strive to be accurate concerning product images and descriptions, including ingredients and nutritional information, and product filters and segmentations on our Product but do not represent or warrant that these or other content are accurate, reliable, current, or complete. We reserve the right to correct any inaccuracies or typographical errors in the information available on tuscart and shall have no liability for any errors or omissions. Information may be changed or updated without notice and prices and availability of goods and services are also subject to change without notice.

Subject to applicable laws, (a) purchase of products on our Product is subject to availability and may not be available for purchase at the Merchant location of your choice. Items listed on tuscart may not be available or in-stock at all times or may not be available at the Merchant location of your choice. If the product(s) which you wish to purchase is not available, we will have no obligation to fulfill an order for those products and you will have no obligation to pay for them except where you have accepted a substitute; and (b) we reserve the right to change the products, prices, and descriptions advertised or displayed through our Product, at any time without notice or liability to you, and to correct, at any time, any pricing errors on our Product. While we update our Website and our Mobile App regularly, prices, selection, and availability, including the availability of promotional offers, may vary and are subject to change without notice. You will not hold us responsible for any loss or damages to you or anyone else, arising from such updates or changes.

In cases where the product is to be customized, or select variable weight or quantity of items (such as certain produce or meats or poultry or in some cases, ready to eat food items or other items priced by weight), the price you see on our Product will be a merely estimated price range based on the expected weight of the items. The final price of these items will be based on the same price by weight indicated on the Website or Mobile App when you placed the items in your cart. The final price, however, is determined once we have prepared and weighed your order and will appear on the invoice at the time of the delivery. For such products, the price you pay is always based on the actual final weight of the products you ordered. If you are not satisfied with the final price and weight or quantity, you have the right to remove the product from your order.

tuscart may, in its sole discretion, impose a charge for each bag (either plastic or paper depending on the Merchant location of your choice) utilized for packing your order. The charges for a bag(s) may vary by the Merchant location of your choice but will be displayed at the checkout when submitting your order on our Product. When you place your order, we can merely estimate the number of grocery bags required for delivery of your order and may modify them to reflect the actual number of bags at the time of delivery of your order to you. There may be a plastic bag recycling program in your delivery location. We will charge Five cents (¢5) for each plastic bag used to pack your order. As part of our plastic bag recycling program, we also refund you Five cents (¢5) per bag for each plastic bag that you return to our delivery person for us to recycle. We reserve the right, in our discretion, to suspend, cancel or make changes to this program without prior notice, which includes the right to impose reasonable limits, to withdraw this program from any person who we determine is abusing the program, and/or to refuse to accept returned bags if, in our discretion, the condition of the bags may pose a health and safety concern.

The amount of the deposit fee may vary by location according to the laws applicable in your jurisdiction, however, the applicable deposit fees will be displayed at the checkout when submitting your order on our Website or Mobile App. For returns and refunds of products before consumption, if you return the purchased item in the same condition to our delivery personnel you will be either refunded or given a credit on your next order.

The version of these Terms applicable to an order or other transaction by you via our Website or Mobile App is the version in effect on the date and at the time you place your order. Our Terms are modified and made available on our Website and our Mobile App from time to time. Each time you place an order, you represent and warrant that you can legally enter into a contract (e.g. you are not a minor), you have accessed, you have read and accepted the then-applicable Terms governing that order.

Subject to any limitations set out in these Terms or as we may reasonably impose from time to time, you can request product refunds from tuscart by contacting us here (Add Hyperlink to “here”) or by email at _____@tuscart.ca or telephone at (Enter your toll-free number here) between xx: xx a.m. to xx: xx p.m. EST. (Enter your working hours) on regular business days OR all days OR 24/7/365

Delivery Services

tuscart delivery services are only available for customers who are located in certain geographic areas and is available only from the selected stores as indicated on our Website and Mobile App. tuscart may modify the service availability from time to time in its sole discretion and any modifications will be represented on our Website and Mobile App.

Delivery days and times will be specified on the ordering page. Subject to availability, you will select the delivery time slot of your choice and it will be available to you until the Cut-Off Period. If you do not complete your order by the Cut-Off Period, you will be required to select a new time slot before checkout. The standard delivery fee applicable to each time slot will be displayed on the booking page and confirmed at the time of checkout. The “delivery fee” is a service fee charged for preparing and delivering your order. Such a service fee will be displayed as the “delivery fee” on our Website and Mobile App.

Deliveries will be made to the postal address specified by you when you register for our Product. You can change this address through the ” Your Account” feature on our Website and Mobile App. You must change your address if you move so that we can deliver to the correct address. tuscart reserves the right to restrict deliveries in certain areas and at certain times, and this includes the right to eliminate certain areas and times from tuscart’s delivery schedule or eliminate available Merchant stores in the Merchant Selection Menu. tuscart reserves the right, in its sole discretion, to place reasonable limits on the number of orders scheduled per day per account or person or household.

tuscart will take reasonable care to deliver or have your order ready for pick up within the time slots provided on our Website and Mobile App. Accordingly, it is your responsibility to ensure that a capable person is available to receive the order at the delivery address at all times during the delivery time slot confirmed at the time of checkout. If no one is at the address when the delivery is attempted, or the person available is not a capable person to receive the order, the products ordered will not be delivered and will be retained by us. tuscart will leave notification of attempted delivery and will contact you to attempt to rearrange the delivery, failing which tuscart will cancel the delivery and your order. 

tuscart will ordinarily only make a delivery when a capable person can receive and sign on account of the delivery so received. If you want us to make unattended delivery and we, in our discretion, agree to do so, we expressly disclaim all liability that may arise by the delivery having been made on an unattended basis, including but not limited to damage, theft, tampering, contamination and temperature change in respect of temperature-sensitive items.

CAUTION: Inclement weather or adverse road conditions and/or other events outside of our reasonable control may result in late or canceled orders. In such a case we will contact you at our earliest convenience to reschedule your order time and date. If we are unable to contact you your delivery will be canceled.

Promotions

Add all your Sales Tactics here. Will you have coupons, vouchers, gift certificates with larger value than purchase value, raffles, etc? You do NOT need to mention these different activities OR  actual promotions here but ONLY the strategy or tactics in broad terms. Example below:

tuscart may make available a 1 week, 1 month, and 1-year delivery pass on a subscription basis. The fee for this will change from time to time. This may or may not offer you discounted prices on some products or services for a limited time. Particulars and the terms and conditions applicable to our delivery passes are available on the tuscart site at the following link: http://www. Put the link here if any. We reserve the right, in our discretion, to suspend, cancel or make changes to this program without prior notice, which includes the right to withdraw this program from any customer who we determine is abusing the program. The delivery pass subscription is not available for tuscart curbside pickup services.

We may make various promotional offers from time to time on tuscart. Promotional offers may be different depending upon the location and service, accurate pricing and promotions will be displayed on our Website and Mobile App before checkout when you are signed-in and upon selection of a time slot and location. 

If you redeem any coupon, code, or voucher which is accepted via our Website and Mobile App, this will be reflected at checkout and is subject to validation and any redemption requirements. Manufacturers’ coupons and warranties, if accepted, are the responsibility of the individual manufacturers. Manufacturers’ coupons may have relevant information about the duration and limitations of the coupon.

For any of our promotions, if we have inadvertently made a typographical error on any coupon or special offer, we reserve the right to suspend redemption or terminate the promotion altogether.

Ownership

All title and intellectual property including copyright and trademarks for the contents shown on our Products our Website and our Mobile App remains with tuscart at all times and you are only allowed to use our Website and/or Mobile App for personal and non-commercial use only, unless any other use by you is specifically permitted by tuscart, in writing. Your use of our Products is not a sale.  Our Product, our Website and Mobile App and all of its materials, including but not limited to, site layout, App layout, look and feel, the software or code, scripts, text, artwork, photographs, images, designs, video, audio, and/or any written and other materials that appear as part of our Products are owned by tuscart and governed by the laws of Ontario and Canada. Your use is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, alter, create or re-create derivative works from, sell, sub-license, allow 3rd parties to copy, or otherwise exploit any of our Products. 

Any unauthorized copying, sale, distribution, or transmission of our Product(s) or Service(s), or failure to comply with the provisions of these Terms, will result in automatic termination of these Terms and will make available to tuscart and its affiliates, all other legal remedies including injunctions, delivery-up, accounting, and damages. 

Materials and features may be added to or withdrawn from our Product(s) and/or otherwise may be changed without notice to you.

Limited Warranty

TUSCART REPRESENTS AND WARRANTS THAT IT HAS THE RIGHT AND AUTHORITY TO MAKE THE PRODUCT AVAILABLE UNDER THESE TERMS.

EXCEPT AS OTHERWISE PROVIDED HEREIN, THE PRODUCTS AND/OR SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND TUSCART MAKES NO REPRESENTATIONS AND WARRANTIES EXPRESS OR OTHERWISE UNDER THESE TERMS, INCLUDING WITHOUT LIMITATION THAT THE PRODUCTS AND/OR SERVICES ARE OR WILL BE COMPLETE, FRESH, READY FOR USE OR FREE FROM ERRORS  OR WITHIN THE EXPIRY DATE.

Limitation of Liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS AND SERVICES PROVIDED BY TUSCART ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND TUSCART HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, FRESHNESS, USABILITY DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
  2. UP TO THE MAXIMUM EXTENT PERMITTED BY LAW, TUSCART MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE PRODUCT.
  3. TUSCART DOES NOT GUARANTEE THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND PRODUCTS SOLD OR AVAILABLE ON TUSCART ARE WARRANTED, IF AT ALL, ONLY UNDER ANY MANUFACTURER’S WARRANTIES THAT ACCOMPANY OR APPLY TO THEM (IN WHICH CASE ANY RECOURSE YOU HAVE WILL BE AGAINST THE MANUFACTURER). YOUR PURCHASE AND USE OF ALL PRODUCTS IS AT YOUR OWN RISK, ALL PRODUCTS ARE PROVIDED AS IS, WITH ALL FAULTS, AND AS AVAILABLE AND YOU ASSUME ALL RISK AS TO THEIR QUALITY AND PERFORMANCE. WE DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE ON TUSCART. YOU ACKNOWLEDGE THAT COMPUTER AND INTERNET SYSTEMS ARE NOT FAULT-FREE AND THAT DOWNTIME OCCURS DUE TO MANY REASONS INCLUDING BUT NOT LIMITED TO YOUR INTERNET SERVICE PROVIDER, OUR INTERNET SERVICE PROVIDER, OUR SERVERS, OUR WEBSITE AND/OR OUR MOBILE APP. WE DO NOT WARRANT THAT ACCESS TO TUSCART WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DATA OR CONTENT LOSS WILL NOT OCCUR
  4. THE END-USER HEREBY AGREES TO INDEMNIFY AND SAVE TUSCART, ITS PARTNERS, ITS AFFILIATES DIRECTORS, OFFICERS AND EMPLOYEES HARMLESS, FROM ANY AND ALL LOSSES, CLAIMS, LIABILITIES (INCLUDING LEGAL COSTS ON A FULL INDEMNITY BASIS) WHICH MAY ARISE FROM THE END-USER’S USE OF THE PRODUCT (INCLUDING BUT NOT LIMITED TO THE DISPLAY OF SUCH USER’S INFORMATION ON THE SITES) OR FROM THE END-USER’S BREACH OF ANY OF THE TERMS AND CONDITIONS OF THESE TERMS. THE END-USER HEREBY FURTHER AGREES TO INDEMNIFY AND SAVE TUSCART, ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES HARMLESS, FROM ANY AND ALL LOSSES, DAMAGES, CLAIMS, LIABILITIES (INCLUDING LEGAL COSTS ON A FULL INDEMNITY BASIS) WHICH MAY ARISE FROM THE END-USER’S BREACH OF ANY REPRESENTATIONS AND WARRANTIES MADE BY USER TO TUSCART.
  5. THE END-USER HEREBY FURTHER AGREES TO INDEMNIFY AND SAVE TUSCART, ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES HARMLESS, FROM ANY AND ALL LOSSES, DAMAGES, CLAIMS, LIABILITIES (INCLUDING LEGAL COSTS ON A FULL INDEMNITY BASIS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, AS A RESULT OF ANY CLAIMS ASSERTED BY THIRD PARTY RIGHTS CLAIMANTS OR OTHER THIRD PARTIES RELATING TO THE USE OF THE PRODUCT. 
  6. TUSCART SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF INFORMATION), WHETHER IN CONTRACT, NEGLIGENCE, TORT, EQUITY OR OTHERWISE OR ANY OTHER DAMAGES RESULTING FROM ANY OF THE FOLLOWING.

a) THE USE OR THE INABILITY TO USE THE PRODUCT;

b) UNAUTHORIZED ACCESS BY THIRD PARTIES TO DATA OR PRIVATE INFORMATION OF ANY END-USER; OR;
c) ANY MATTERS RELATING TO THE PRODUCT HOWEVER ARISING, INCLUDING NEGLIGENCE.

  1. NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS, THE AGGREGATE LIABILITY OF TUSCART, ITS EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES OR ANYONE ACTING ON ITS BEHALF CONCERNING EACH USER FOR ALL CLAIMS ARISING FROM THE USE OF OUR WEBSITE AND/OR MOBILE APP OR OUR SERVICES DURING ANY CALENDAR YEAR SHALL BE LIMITED TO THE GREATER OF (a) THE AMOUNT OF PAYMENT THE END-USER OR THE USER HAS PAID TO TUSCART DURING THE CALENDAR YEAR AND (b) THE MAXIMUM AMOUNT PERMITTED UNDER THE APPLICABLE LAW. THE PRECEDING SENTENCE SHALL NOT PRECLUDE THE REQUIREMENT BY THE END-USER TO PROVE ACTUAL DAMAGES. ALL CLAIMS ARISING FROM THE USE OF THE PRODUCT MUST BE FILED WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION AROSE OR SUCH LONGER PERIOD AS PRESCRIBED UNDER ANY APPLICABLE LAW GOVERNING THIS TERMS OF USE.
  2. ANY DAMAGES INCURRED BY THE END-USER DUE TO A FAULTY PRODUCT DELIVERED OR SERVICE RENDERED BY A MERCHANT OF END-USER’S OR USER’S CHOICE OR BY TUSCART OR ITS PROVIDERS OR THIRD PARTIES IS AT END-USER’S SOLE CHARGE, AND END-USER/USER SHALL IN ALL CASES BE EXPRESSLY LIMITED TO THE AMOUNT PAID BY END-USER/USER TO TUSCART FOR ITS SERVICES IN THE CORRESPONDING PERIOD AND SHALL UNDER NO CIRCUMSTANCES INCLUDE REIMBURSEMENT OR INDEMNIFICATION FOR LOSSES OF INCOME, PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES CLAIMED BY THE END-USER/USER OR ARISING OUT OF OR FROM THE USE OF THE PRODUCT.  THE END-USER AND USER ACKNOWLEDGES THIS ALLOCATION OF RISK.
  3. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY TO YOU UNDER THE TERMS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SHALL APPLY WHETHER OR NOT TUSCART HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Term and Termination

These Terms and revised Terms of Use in the future are applicable until you use our Products, our Website, and our Mobile App.

You may terminate this agreement by deregistering yourself and not using our Products. You may cancel your account at any time. tuscart may terminate this agreement at any time.  tuscart’s only obligation in this event shall be the pro-rata refund of any charges paid in advance. tuscart may suspend or discontinue providing access to the Product to the End-user and/or User without notice and pursue any other remedy legally available to it if the End-User fails to comply with any of its obligations hereunder.

Force Majeure

Under no circumstances shall tuscart be held liable for any delay or failure or disruption of the content or services delivered through the Product resulting directly or indirectly from acts of nature, forces or causes beyond tuscart’s reasonable control, government measures including a lockdown due to COVID-19 or any mutated variant thereof or any other pandemic, OR any other incidents including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power outages, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

Notices

All legal notices or demands to or upon tuscart shall be made in writing and sent to tuscart directly, by courier or certified mail, to the following entity and address: 

tuscart

12368374 Canada Inc.

110-18 Spring Garden Ave.

North York

ON

M2N 7M2

The notices shall be effective when they are received by tuscart in any of the above-mentioned manners.

Governing Law

These tuscart Terms are governed and interpreted under the laws of the Province of Ontario and the federal laws of Canada, as applicable (without applying conflict of law principles). If any provision of these tuscart Terms is unlawful, void, or unenforceable, this will not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and us regarding the use of our Website and our Mobile App, superseding any prior agreements between you and us relating to your use of our Website and our Mobile App.

Injunctive Relief

You hereby covenant and agree that any breach or violation of the provisions of these Terms may not be susceptible to adequate relief by way of monetary damages only, and tuscart, in addition to any other remedies enjoyed by it under the Terms hereof or at law, shall be entitled to obtain injunctive relief against you in any court of competent jurisdiction.

This document is to be used with the understanding that it will be held in strict confidence and not used for reasons unrelated directly to the specific purpose of this document. 

Sever-ability

This Agreement is the entire agreement between tuscart and you concerning the Product or Service and supersedes any other communications or advertising for the Product.  If any covenant or provision, or portion thereof, of these Terms, is determined to be void or unenforceable in any jurisdiction such void or unenforceable covenant or provision, or portion thereof, is hereby conceded to be severable from the balance of Terms in that jurisdiction only; such a determination shall not, in any event, affect or impair the validity of the balance of the covenant or provision, nor shall it affect or impair the validity of any other covenant or provision herein contained.

If you have any questions, please contact in writing: 

12368374 Canada Inc.

(doing business as “tuscart”) 

110-18 Spring Garden Ave. 

North York 

ON

M2N 7M2

Binding Effect

These Terms and everything contained herein shall extend to, enure to the benefit and be binding upon the parties hereto and their respective heirs, executors, administrators, successors, assigns, and legal representatives.

Miscellaneous

  1. Any failure by tuscart or any third party supplier of the Product or any of its component, to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
  1. End-User/User may not assign its rights or delegate its duties under these Terms and/or any Additional Terms without our prior written consent from tuscart.
  1. Subject to any Additional Agreements, the Terms constitute the entire agreement between you and tuscart concerning and govern your use of the Product, superseding any prior written or oral agreements with the same subject matter herein.
  1. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
    Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
  1. You represent and warrant that you are authorized and empowered to enter into this Agreement of Terms of Use. tuscart represents and warrants that it is authorized and empowered to grant the rights outlined in these Terms.
  1. tuscart and its partner(s) hereby grant you a non-exclusive, non-transferable right to use our Product, our Website, and our Mobile App subject to the use restrictions and limitations outlined in these Terms. 
  1. You acknowledge that our Product, our Website and our Mobile App, and the software making our product is confidential, and all proprietary rights to the Product including but not limited to title, copyright, etc. are vested and owned by tuscart. 
  1. The products or services purchased by you are intended for your personal and non-commercial use. You agree not to copy, modify, sub-license, assign, transfer, or resell our Product or create a product similar to our Product, in whole or in part without the prior written permission of tuscart. You agree not to translate, reverse engineer, decompile, disassemble, or make any attempt to discover the source code of our Product, our Website, and our Mobile App (except and only to the extent the applicable law prohibits such restrictions). 
  1. You further agree not to download/upload our Product’s source code or the source code of our Website and our Mobile App, in whole or in part, or to establish a network, place data on the Internet, or offer a service bureau utilizing our Product.
  1. All UPDATES provided by tuscart and its partners shall be considered part of the Product and subject to these Terms. Additional license terms may accompany the UPDATES. By using any UPDATED Product, you agree to be bound by these Terms and any terms accompanying each such UPDATE. 
  1. You agree that tuscart and its partners may collect and use technical information they collect from you voluntarily and if you have provided such information then tuscart has the right to use such information for enhancing the quality of its Product, consulting product deployment, or the ongoing operations related to our Product, our Website and our Mobile App. 
  1. No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. 
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