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Legal

TiyaMarket Customers and Users Terms & Conditions

PLEASE READ THIS DOCUMENT CAREFULLY AND AT LEAST TWO (2) TIMES.

By registering, accessing, or using TiyaMarket, you (the "User") and the entity you represent (the "Company") acknowledge that you have read, understood, and irrevocably accepted these Terms & Conditions (the "Agreement"). This Agreement constitutes a binding legal contract between the User/Company and TiyaMarket, including its affiliates, subsidiaries, officers, directors, employees, and agents ("TiyaMarket" or "we").

1. General Terms and Acceptance of Agreement

1.1 Binding Agreement

By using or accessing the TiyaMarket platform, you agree to fully comply with this Agreement, including all terms, conditions, obligations, and restrictions set forth herein. You represent and warrant that you have the legal capacity and authority to bind your company or any other entity you represent to this Agreement. If you are accessing or using the platform on behalf of your company, the term "you" refers to the company, and you further represent that you are authorized to bind the company to these Terms & Conditions.

1.2 Modification of Terms

TiyaMarket reserves the right to modify, amend, or update this Agreement at its sole discretion. Any changes will be posted on the TiyaMarket website or platform, and such changes will take effect immediately upon being posted. You are responsible for periodically reviewing these Terms & Conditions. Continued use of the platform after modifications to these Terms constitutes acceptance of the revised terms. It is your responsibility to ensure that you are in compliance with the most current version of this Agreement.

2. User and Company Liability

2.1 Full Liability

By accessing or using the TiyaMarket platform, you and the Company agree to assume full responsibility and liability for all actions conducted on the platform, including but not limited to the posting of content, transactions, interactions with other users, financial obligations, and compliance with applicable laws. This includes, but is not limited to:

  • Legal compliance with local, national, and international regulations.
  • Tax reporting including income, sales tax, and other applicable taxes.
  • Data protection obligations under applicable data privacy laws (e.g., GDPR, PIPEDA).
  • Intellectual property rights compliance, including the protection of third-party IP.

Failure to comply with any of these obligations may result in legal action against the User or Company, including substantial penalties.

2.2 No Release of Liability

Even if an account is closed, deleted, or suspended, the User and the Company remain liable for all obligations incurred during the period in which the account was active. This includes the responsibility for any content posted, disputes with other users, or outstanding financial or legal obligations. Users and Companies must ensure that they settle all obligations before deactivating or closing their account. Closing an account will not absolve Users or Companies from their responsibilities under this Agreement.

3. Services Provided

3.1 Platform Overview

TiyaMarket provides a secure online marketplace platform exclusively for registered Canadian companies. The platform serves companies such as property management companies, property owners, strata corporations, and various commercial and residential real estate entities. The platform is designed to connect businesses with other companies for the purpose of sharing information, conducting transactions, or facilitating services in a private marketplace environment.

3.2 Usage and Restrictions

TiyaMarket is not a public marketplace and may not be used by the general public for any purpose. The platform is restricted to registered companies, and all users must be verified by a local administrator. All Users must ensure that their activity on the platform is limited to the scope of their business operations and is in compliance with applicable laws and regulations.

TiyaMarket is not responsible for transactions occurring between Users and disclaims any liability related to disputes between Users or failures to fulfill contractual obligations. The platform is merely a tool for facilitating connections between registered entities and does not assume any direct involvement in business agreements.

4. Intellectual Property and Ownership

4.1 Ownership of Platform and Content

TiyaMarket retains exclusive ownership of all intellectual property associated with the platform. This includes but is not limited to software, databases, trademarks, logos, designs, and system architecture. Users acknowledge that TiyaMarket grants them a limited, revocable license to access and use the platform, but do not acquire any ownership in the platform itself.

4.2 User Content and Submissions

Users retain ownership of any content they post, upload, or share on the platform. However, by posting or submitting content, users grant TiyaMarket an irrevocable, perpetual, worldwide license to use, modify, reproduce, distribute, display, and sublicense such content for the purposes of operating and promoting the platform.

Users agree that TiyaMarket is not responsible for ensuring that the content they post does not infringe upon the rights of third parties, including intellectual property, privacy, or data protection rights. Users are solely responsible for obtaining any necessary licenses or permissions for the content they upload.

5. System Misuse and Unauthorized Access

5.1 Unauthorized Access and Usage

Users are prohibited from attempting to bypass security protocols, reverse-engineer the platform, or otherwise gain unauthorized access to TiyaMarket's systems. Sharing of login credentials with third parties, competitors, or unauthorized individuals is strictly prohibited. Violators may face:

  • Immediate suspension or termination of their accounts.
  • Legal action seeking damages and additional penalties as determined by applicable law.
  • Liability for any damages caused by their misuse or unauthorized access.
5.2 Monitoring of User Activities

TiyaMarket has the right to monitor, audit, and review all user activities on the platform to ensure compliance with this Agreement. This includes but is not limited to:

  • Reviewing content uploaded by users.
  • Monitoring financial transactions and activities.
  • Investigating suspicious activities, including credential sharing, fraud, or content violations.

6. Content Posting and Responsibility

6.1 Content Compliance

Users are solely responsible for ensuring that all content posted on TiyaMarket complies with all relevant laws, including intellectual property laws, advertising laws, and privacy regulations. Users must ensure that their content does not infringe on the rights of third parties, and that it is non-defamatory, non-fraudulent, and non-misleading.

6.2 Verification of Content

All content posted by users is subject to verification by local administrators, who are responsible for ensuring compliance with this Agreement. TiyaMarket does not verify the accuracy or truthfulness of content posted by users but reserves the right to remove any content that violates these Terms or applicable law.

7. Taxes, Financial, and Legal Compliance

7.1 Tax and Financial Reporting

Users and Companies are responsible for ensuring that they meet all tax obligations, including reporting income, expenses, and other financial filings to relevant authorities. TiyaMarket does not provide tax services and is not responsible for ensuring compliance with financial regulations.

Users must remit all sales tax to federal, provincial, and state tax authorities, and must comply with any other applicable tax laws.

7.2 Legal Compliance

Users and Companies must comply with all applicable local, national, and international laws, including those related to consumer protection, data privacy, financial transactions, and business operations. TiyaMarket disclaims any liability for violations of these laws by Users or Companies.

8. Monitoring, Auditing, and Enforcement

8.1 Monitoring and Reporting Violations

TiyaMarket uses high-tech systems to monitor the activities of users. This includes reviewing content, user interactions, and compliance with these Terms. We reserve the right to report violations to relevant authorities, including law enforcement, regulatory agencies, and courts.

8.2 Suspension and Termination of Accounts

TiyaMarket has the right to suspend or terminate any account if we suspect or identify violations of these Terms, including fraudulent activity, unauthorized access, or misuse of the platform. Accounts may be suspended without prior notice and for any period deemed necessary by TiyaMarket.

9. Third-Party Protections and Restrictions

9.1 Restrictions on Third Parties

Third parties, including but not limited to freelancers, marketers, consultants, social media agencies, and IT companies, are prohibited from:

  • Accessing TiyaMarket accounts for unauthorized purposes, including training or research.
  • Advertising or promoting their own products or services through TiyaMarket.
  • Sharing access credentials or allowing unauthorized third parties to use the platform.
9.2 Liability for Third-Party Use

Users and Companies are fully responsible for any activity conducted by third parties they authorize, including contractors, consultants, and agents. If any unauthorized third-party misuse occurs, the User and Company will be held accountable for all resulting damages.

10. Scammers, Fraud, and Malicious Actors

10.1 Fraud Prevention

Any attempts by users to engage in fraudulent activity, scams, phishing, or other malicious behavior will result in immediate suspension of accounts and potential legal action. TiyaMarket will immediately report such activities to law enforcement and regulatory bodies.

10.2 Liability for Fraud

Users and Companies are fully liable for any fraudulent activities conducted under their accounts. This includes damages, legal fees, and any other costs incurred by TiyaMarket or third parties as a result of fraudulent activities.

11. Support Policy

11.1 Internal Messaging Only

Support is available only through the internal messaging system within the platform. No phone calls or emails will be accepted for support inquiries.

Response time: 2-3 business days.

11.2 No Liability for Delays

TiyaMarket is not responsible for any delays in response or failure to address support issues within the expected time frame.

12. Limitation of Liability

12.1 Exclusion of Liability

TiyaMarket is not liable for any loss, damage, or injury resulting from:

  • Fraud or scams between users.
  • Failure to comply with tax, financial, or legal obligations.
  • Business interruptions, missed opportunities, or profits lost.
12.2 Exclusion of Consequential Damages

In no event will TiyaMarket be liable for any consequential, incidental, special, or punitive damages, including but not limited to lost profits, revenue, or data.

13. Governing Law and Jurisdiction

13.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Canada, specifically the laws of the province of British Columbia, and applicable U.S. laws.

13.2 Arbitration and Dispute Resolution

Any disputes arising from or related to this Agreement will be resolved by binding arbitration in Vancouver, British Columbia, Canada under the rules of the [Arbitration Association of Canada].

14. Final Acknowledgment and Enforcement Clause

By creating an account, users and company directors confirm that they have read this document at least two (2) times and agree to:

  • Personal and corporate liability for all activities conducted through the platform.
  • Violations may result in immediate enforcement, including damages of Five Million United States Dollars (USD $5,000,000) per violation, plus legal fees and court costs.
  • Disputes will be resolved through binding arbitration, as outlined in this Agreement.

15. Copyright and Reading Rights

15.1 Copyright Protection

This Terms & Conditions document is copyrighted by TiyaMarket and protected under Canadian, U.S., and international copyright laws. Reproduction, distribution, or sharing of this document without written permission from TiyaMarket is strictly prohibited. Unauthorized use may result in civil and criminal penalties, including claims for USD $5,000,000 per violation.

Final Enforcement Clause

All violations of these Terms & Conditions, including but not limited to system misuse, unauthorized access, content violations, anti-development breaches, intellectual property infringement, third-party marketing misuse, and any other violation, may result in legal action seeking damages of up to Five Million United States Dollars (USD $5,000,000) per violation, plus court costs, attorney fees, and all legal remedies available under applicable law. Additionally, any claims or disputes arising from these Terms will be subject to binding arbitration, and you agree to indemnify TiyaMarket for any third-party claims resulting from your use of the platform.